The purpose of this chapter is to establish application procedures, internal review procedures, public notice and hearing procedures, and review criteria for the processing of applications and actions that affect the development and use of property subject to the jurisdiction of the City.

The following table shows which review Case Types and permits apply in the City and its extraterritorial jurisdiction.

Table 3.01.020: Applicability of Case Types

(Ord. No. 2015-34, § 2(Exh. A), 5-12-2015; Ord. No. 2015-48, § 2(Exh. A), 9-22-2015; Ord. No. 2015-49, § 2(Exh. A), 9-22-2015; Ord. No. 2017-15, § 2, 2-28-2017; Ord. No. 2023-44, § 4(Exh. B), 8-22-2023)

Editor's note— Ord. No. 2023-44, § 4(Exh. B), adopted August 22, 2023, changed the title of Section 3.01.020 from "Applicability of Procedures" to "Applicability of Case Types and Permits." The historical notation has been preserved for reference purposes.

A.

Submission of different applications related to the same development may be made simultaneously within each application group listed below. Approval consideration of the different applications, however, shall occur in the sequence as listed.

1.

Policy Applications.

a.

Annexation (Voluntary).

b.

Development Agreement.

c.

Comprehensive Plan.

d.

Zoning.

e.

Preliminary Plat.

Exception: A Preliminary Plat shall not be submitted until final approval of a Planned Unit Development (PUD) zoning request.

2.

Development Applications.

a.

Construction Plans.

b.

Final Plat.

c.

Certificate of Appropriateness.

d.

Site Development Plan.

3.

Building Permits.

An application for a Building Permit shall not be submitted to the City until review of the first submittal of the corresponding Site Development Plan has been completed by staff and the comments have been forwarded to the applicant.

B.

Any application submitted simultaneously is subject to approval of all other related applications. Denial, disapproval or reconsideration of any concurrently submitted application shall stop consideration of any related applications.

(Ord. No. 2015-34, § 2(Exh. A), 5-12-2015; Ord. No. 2015-48, § 2(Exh. A), 9-22-2015; Ord. No. 2017-15, § 2, 2-28-2017)

Editor's note— Ord. No. 2023-44, § 4(Exh. B), adopted August 22, 2023, repealed the former Section 3.02.010 in its entirety, which pertained to Pre-application meetings and derived from Ord. No. 2015-34, § 2(Exh. A), adopted May 12, 2015, and Ord. No. 2015-48, § 2(Exh. A), adopted September 22, 2015.

The following regulations shall apply to all applications under this chapter:

A.

Forms.

Application forms, submittal requirements, instructions, and fee schedule are set forth in Exhibit A of this Code entitled "UDC Development Manual."

B.

Fees.

1.

Application fees shall be established and revised from time to time by the City Council.

2.

All required fees shall be made payable to "The City of Georgetown."

3.

An applicant who has paid the appropriate fee with an application, but who chooses to withdraw such application prior to any notification of completeness, may be entitled to a refund of all or a portion of the amount paid at the discretion of the Director. The application fee required for UDC Text or Zoning Map Amendments shall not be refundable.

4.

An application shall only be accepted for review if the applicant, agent or property owner has no outstanding, undisputed fees owed to the City for the same property or other property under their control.

(Ord. No. 2023-44, § 4(Exh. B), 8-22-2023)

All applications shall be completed and submitted to the Director in accordance with a schedule established annually by the Director. An application shall not be considered as officially submitted, accepted, or filed until it has been determined to be complete as specified below.

A.

The Director or his designee, shall review each submitted application to determine if the minimum items needed for proper review of such application are present.

B.

A determination of whether an application is complete shall be made by the Director no more than five working days after submittal of the application.

C.

If the application is determined not to be complete, the Director shall notify the applicant in writing. The notification shall attempt to list all missing or incomplete items and provide a specific period of time (no greater than five working days) for the applicant to resubmit the material. The applicant may request an additional meeting for explanation of the missing or incomplete items. If the application is not resubmitted within the period specified by the Director, the application shall be deemed rejected and shall not be accepted for filing. After an application has been rejected, the applicant shall resubmit within the time period prescribed by the Director or the application will expire, and a new application and fee shall be required.

D.

The determination of completeness shall take into account the following:

1.

Consistency with the Comprehensive Plan (for rezoning applications, only);

2.

Any required previous approvals; and

3.

Required submission materials and compliance with the UDC Development Manual and the City's Construction Specifications and Standards Manual.

E.

For the purposes of Texas Local Government Code § 212.009, an application for subdivision is considered filed once it is determined by the Director to be accepted for consideration per Section 3.08.050

F.

Determination that an application is complete does not preclude any negative final action and does not include any implied determination that the application successfully meets any review criteria.

G.

If the Director determines that any request for a Zoning Map Amendment (Rezoning) is not consistent with the Comprehensive Plan, the application shall be determined to be incomplete, and shall not be filed. No further processing may occur until the Subdivision Plat or Rezoning is consistent with the Comprehensive Plan. The City Council may approve amendments to the Comprehensive Plan in accordance with the procedure in Section 3.04.

(Ord. No. 2023-44, § 4(Exh. B), 8-22-2023)

If any petition for a rezoning (zoning map amendment), plan amendment (such as to a future mobility plan, comprehensive plan, water master plan, etc.), or any petition for an amendment to this Unified Development Code is disapproved by the Final Action Authority, another application or petition for the same permit, approval or amendment for the same property or any portion thereof may not be filed within a period of 90 days (or 12 months for zoning change applications) from the date of final disapproval, except with permission of the Planning and Zoning Commission or City Council. Such reapplication must demonstrate:

A.

There is a substantial change in circumstances relevant to the issues and/or facts considered during review of the application that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the application;

B.

New or additional information is available that was not available at the time of the review that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed;

C.

A new application is proposed to be submitted that is materially different (e.g., proposes new uses or a substantial decrease in proposed densities and intensities) from the prior application; or

D.

The final decision on the application was based on a material mistake of fact.

(Ord. No. 2023-44, § 4(Exh. B), 8-22-2023)

An accepted application for which there has been no action taken by an applicant for a period of 180 days or more from the date of the last action shall be determined dormant and processed as withdrawn by the applicant, causing the file to be closed. The Director shall notify the applicant in writing 30 days in advance of the pending closure. The Director may consider extending the application if the applicant can show just cause for the delays or there is evidence of continued communication with staff.

A.

Summary of Notice Required.

Notice shall be required for application review as shown in the following Table.

Table 3.03.010: Summary of Notice Requirements

X = Notice Required

* = Notice to be determined by Development Agreement Committee per Section 3.20

‡ = Only applicable to Certificate of Appropriateness applications that require consideration by the Historic and Architectural Review Commission

¹ = mailed notice to be provided in compliance with Local Government Code 211.007

B.

Published Notice.

1.

A public notice shall be published at least once in a local newspaper of general circulation, as designated by the City Council, within the City prior to the meeting. The notice shall contain the time and place of such public meeting or hearing and a brief description of the agenda items that may be considered or reviewed.

2.

A published notice shall be published at least 15 days in advance of the public meeting or hearing.

C.

Mailed Notice.

1.

Generally.

a.

A notice of Public Hearing shall be sent to owners of record of real property within 300 feet of the boundary of the property under consideration, as determined by the most recent municipal tax roll, and central appraisal district tax roll information.

b.

A notice of Public Hearing shall be sent to home owners association and other similar associations registered with the City and located within 300 feet of the boundary of property under consideration.

c.

A notice of Public Hearing shall be provided to each party required provided in compliance with Local Government Code 211.007.

d.

Notice of Public Hearing shall be sent by United States mail. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in United States mail at least 15 days prior to the date set for the Public Hearing or as otherwise required by the Texas Local Government Code, as amended.

2.

Special Mailed Notice Required for Certain Replats.

Replats containing any area or lot that, during the preceding five years, was limited by an interim or permanent zoning classification to residential use for not more than two residential units per lot or in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot, require mailed notice to all owners of lots that are part of the original subdivision and located within 200 feet of the boundary of the property to be replatted, in the same manner as prescribed in Subsection 3.03.010.C.1.c above and in accordance with Texas Local Government Code § 212.015, as amended.

3.

Special Mailed Notice Required for PUD Modification.

a.

For purposes of mailed notice, the boundary of a PUD modification shall be the boundary of any tract of land for which PUD standards or requirements are proposed to change due to the modification.

b.

A notice of Pubic Hearing shall be provided to each party required provided in compliance with Local Government Code 211.007.

c.

In addition to the requirements of Subsection 3.03.010.C.1. above, mailed notice shall also be provided to all owners of property within the entire PUD boundary, not otherwise notified.

D.

Posted Notice.

1.

Notice shall be posted in a format approved by the Director on the subject property, along rights-of-way contiguous to the proposed development according to the following standards:

a.

One sign for tracts of less than 300 feet of right-of-way frontage;

b.

One sign at each interval of 1,000 feet; and

c.

The total number of signs shall not be required to exceed a total of four signs per right-of-way.

2.

Notice of application shall be posted at the project site such that it is visible from the public right-of-way, including contact information and meeting date.

3.

The applicant shall be responsible for posting and maintaining the sign on a format approved by the Director, and for removing the sign within five days following the Public Hearing on the application.

4.

Posted notice shall be posted not less than 15 days prior to the scheduled Public Hearing.

5.

The notice is considered served upon receipt by the developer of the posted notice(s) in a format approved by the Director.

E.

Content of Notice.

Published or mailed notices shall contain at least the following specific information:

1.

The general location of land that is the subject of the application, including a location map with the mailed notice only;

2.

The legal description or street address;

3.

The substance of the application, including the type of proposed development and the current zoning district;

4.

The time, date, and location of the Public Hearing;

5.

A phone number to contact the City; and

6.

A statement that interested parties may appear at the Public Hearing.

F.

Constructive Notice.

Minor defects in notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements.

G.

Special Hearing Notice Required for Certain Replats.

A Replat without vacation of the preceding plat must conform to the requirements of Texas Local Government Code §§ 212.014 and 212.015.

(Ord. No. 2015-34, § 2(Exh. A), 5-12-2015; Ord. No. 2015-48, § 2(Exh. A), 9-22-2015; Ord. No. 2017-15, § 2, 2-28-2017; Ord. No. 2019-21, § 2(Exh. A), 4-9-2019; Ord. No. 2019-37, § 2(Exh. A), 6-11-2019; Ord. No. 2022-89, § 2(Exh. A), 11-22-2022; Ord. No. 2023-44, § 4(Exh. B), 8-22-2023)

The following table identifies the types of applications requiring a Public Hearing and the review body responsible for conducting the hearing.

Table 3.03.020: Summary of Required Public Hearing

X = Public Hearing Required

^* = Public Hearing to be determined by Development Agreement Committee per Section 3.20.

‡ = Only applicable to certificate of appropriateness applications that require consideration by the Historic and Architectural Review Commission

¹ = only on cases when applicant is seeking initial zoning in lieu of the initial default zoning of AG.

² = see section 3.25.020 of this code for specific requirements.

(Ord. No. 2015-34, § 2(Exh. A), 5-12-2015; Ord. No. 2015-48, § 2(Exh. A), 9-22-2015; Ord. No. 2017-15, § 2, 2-28-2017; Ord. No. 2019-21, § 2(Exh. A), 4-9-2019; Ord. No. 2022-89, § 2(Exh. A), 11-22-2022; Ord. No. 2023-44, § 4(Exh. B), 8-22-2023)

A.

Modification of Application at Public Hearing.

1.

The applicant may agree to modify the application, including the plans and specifications submitted, in response to questions or comments by persons appearing at the Public Hearing or to suggestions or recommendations by the recommending or decision-making body holding the Public Hearing.

2.

Unless such modifications are so substantial that the recommending or decision-making body cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised application materials before it, the recommending or decision-making body may approve or recommend approval of the application with the condition that the approval or recommendation of approval will not be applicable until materials reflecting the agreed upon changes are submitted to the Director. No application may proceed until the revisions have been made.

3.

Where deemed appropriate by the decision-making body, modifications to an application may be referred back to the recommending body for reconsideration, prior to further action by the decision-making body.

4.

Modification of an application that causes the consideration of that application to be substantially different than that which was provided in the public notice shall require a new Public Hearing by the recommending and decision-making bodies with new notice in accordance with Section 3.03.010. Such modifications shall include, but not be limited to, a change to a zoning district that was not otherwise included in the public notice and increasing the acreage of the area under consideration. Decreasing the acreage of the area under consideration shall not cause the application to require a new Public Hearing.

B.

Evidence.

All findings and conclusions necessary to the permit or decision shall be based upon reliable evidence. Competent evidence (evidence admissible in a court of law) shall be preferred whenever reasonably available, but in no case may findings be based solely upon incompetent evidence unless competent evidence is not reasonably available, the evidence in question appears to be particularly reliable, and the matter at issue is not seriously disputed.

C.

Record.

1.

An audio tape recording and/or written minutes shall be made of all required Public Hearings and such audio recordings shall be kept for two years.

2.

All documentary evidence presented at a hearing as well as all other types of physical evidence shall be made a part of the record and shall be kept by the City for two years.

A.

Postponement of Public Hearing after Public Notice.

The applicant shall be required to pay for all re-notice fees for a scheduled and noticed Public Hearing that is postponed at the request of the applicant.

B.

Postponement of Application after Recommendation.

For applications where a recommendation is required by the Planning and Zoning Commission, an applicant may request the City Council Public Hearing to be postponed to the next regular meeting following the date of the scheduled City Council Public Hearing. The Director may approve, for good cause shown, a postponement of up to 30 days from the date of the scheduled City Council Public Hearing. Public notice of the new Public Hearing shall be required in accordance with Section 3.03.010.

Administrative reviews occur when the Director or another City employee is responsible for final action on any application.

A.

Applicability.

An administrative review shall be required for any permit or application that requires final action from an administrative official, as described in Table 2.01.020.

B.

Review Process.

Administrative reviews shall occur within the standard review periods established by the Director. The Director or other authority responsible for final action may establish procedures necessary to ensure compliance with this Code and State statute.

1.

Initiation.

Initiation of an administrative review may be made upon:

a.

Recommendation of the Director;

b.

Recommendation of other administrative official responsible for final action on the permit being initiated; or

c.

Submission of a complete application by the property owner or their authorized agent.

2.

Application.

Application must be made in a format consistent with Section 3.02.020.

3.

Completeness Determination.

Upon submission of an application for any administrative review, the Director shall determine whether the application is complete, as described in this Code.

4.

Staff Review.

Once an application is determined complete, the Director or Final Action Authority shall review the application, considering any applicable criteria for approval. The Director or Final Action Authority may assign staff to review the application and make a report to the Director or Final Action Authority.

C.

Administrative Final Action.

Upon completion of the administrative review, the Director or other responsible Final Action Authority shall make a final determination and notify the applicant in writing. The Director or other Final Action Authority may take one of the following final actions:

1.

Approve the application.

2.

Approve the application with conditions.

3.

Disapprove the application. Such disapproval must include specific reasons for disapproval.

D.

Criteria for Approval—Generally.

1.

An application shall be approved administratively when all of the following criteria are met:

a.

A complete application and fee have been submitted.

b.

The application and content of the application are consistent with the provisions of this Unified Development Code, the Comprehensive Plan, and any other applicable City regulations.

c.

The application and content of the application are consistent with any administrative rules established by the Director, and any prior written interpretations of this Code.

2.

Additional criteria for approval that apply to specific administrative procedures may be provided in the specific descriptions of those procedures in Chapter 3. An administrative procedure that does not have specific criteria for approval shall be considered using the general criteria provided above. All such criteria shall be published as part of the Development Manual pursuant to UDC Section 1.11.

E.

Appeals.

1.

If an applicant is appealing a final action of disapproval, only the basis for disapproval may be appealed to the Appeal Authority as identified in the UDC Table 2.01.020.

2.

The Appeal Authority shall be the decisive body for any appeal request; no appeal of the Appeal Authority shall be considered, except where required by State Law.

3.

A person may not appeal a denial for the purpose of continuance, an extension agreed to by the applicant and the Director or a determination that an application is not complete.

4.

An Appeal of a denial of an application by a Final Action Authority shall be limited to one appeal per instance of denial of the relevant application.

5.

All appeal requests of decisions on plat type applications shall be processed in accordance with Local Government Code 212.0093

6.

The Director shall identify and publish in the Development Manual requirements for submitting requests pursuant to this Section.

7.

The Director or Development Engineer may, at their discretion, forward any application for which they are the Final Action Authority, to the Appeal Authority for Final Action.

(Ord. No. 2023-44, § 4(Exh. B), 8-22-2023)

A.

For the purpose of establishing and maintaining sound, stable, and desirable development consistent with the goals and policies of the Comprehensive Plan, amendments to the Plan may be considered. Plan Amendments are periodic, substantive changes that are necessary to accommodate changed or unforeseen circumstances in a manner consistent with the public interest and in accordance with the procedures established in the Plan and in this section. The provisions of the section are adopted pursuant to Texas Local Government Code ch. 213 and the City Charter.

B.

Plan Amendments will not be made more than once per calendar year, except for the rare circumstance where the City Council feels it necessary to make a change with a super-majority vote. Applications may be made at any time of year.

C.

Amendments initiated by a property owner or their authorized agent may be considered only for amendments to the Future Land Use Plan Map or Overall Transportation Plan Map.

A.

Initiation.

Initiation of an Amendment may be made upon:

1.

Application of a property owner or their authorized agent;

2.

Recommendation of the City Council;

3.

Recommendation of the Planning and Zoning Commission; or

4.

Recommendation of the Director.

B.

Application and Completeness Determination.

The Director is responsible for checking that a complete application has been submitted with all material necessary for the City Council to render an informed decision.

C.

Staff Review.

1.

The Director shall review the application, considering any applicable criteria for approval and prepare a report to the Planning and Zoning Commission and City Council.

2.

The Director may establish procedures for administrative review necessary to ensure compliance with this Code and State statutes.

3.

The Director may assign staff to review the application and make a report to the Director.

4.

The Director's report may include a recommendation for final action.

D.

Planning and Zoning Commission Review.

Following notice in accordance with Section 3.03, the Commission shall hold a Public Hearing in accordance with its rules and State law and make a recommendation to the City Council.

E.

City Council Final Action.

1.

The City Council shall hold a Public Hearing and may take final action on the proposed amendment.

2.

The amendment shall become effective when approved by a super-majority vote of the City Council and in accordance with the City Charter.

A.

The City Council shall consider the following approval criteria in an analysis of immediate needs and consideration of the long-terms effects.

1.

The application is complete and the information contained within the application is sufficient and correct enough to allow adequate review and final action; and

2.

The Amendment promotes the health, safety or general welfare of the City and the safe orderly, and healthful development of the City.

B.

In considering Amendments to the Plan, the City should be guided by the following:

1.

The need for the proposed change;

2.

The effect of the proposed change on the need for City services and facilities;

3.

The compatibility of the proposed change with the existing uses and development patterns of nearby property and with the character of the neighborhood; and

4.

The implications, if any, that the amendment may have for other parts of the Plan.

Amendments to this Unified Development Code (UDC) may be made in order to establish and maintain sound, stable, and desirable development within the jurisdiction of the City, to correct errors in the text or because of changed or changing conditions in the City. All Text Amendments shall be consistent with the Comprehensive Plan.

(Ord. No. 2015-49, § 2(Exh. A), 9-22-2015)

A.

Initiation. Initiation of an amendment may be made upon resolution of the City Council upon the recommendation of the:

1.

City Council

2.

Planning and Zoning Commission; or

3.

Director

At the request of the City Council the amendment to be considered may be directed to the UDC Advisory Committee for review and recommendation in advance of the Planning and Zoning Commission review. The resolution from City Council shall specify the following: intent of the changes, whether a recommendation from UDC Advisory Committee or other city boards/commissions are desired in advance of Planning and Zoning Commission action, and any notice in addition to UDC requirements and state law is desired.

B.

Staff Review. The director shall prepare a report for the Planning and Zoning Commission review on the proposed amendment and consistency with the approval criteria outlined in the code

C.

Planning and Zoning Commission Review. Following notice in accordance with Chapter 211 of the Texas Local Government Code, the Commission shall hold a Public Hearing in accordance with state law and make a recommendation to the City Council.

D.

City Council Final Action. The City Council shall hold a public hearing and take final action on the proposed amendment.

(Ord. No. 2025-08, § 2(Exh. A), 3-11-2025)

Editor's note— Ord. No. 2025-08, § 2(Exh. A), adopted March 11, 2025, amended Section 3.05.020 in its entirety to read as herein set out. Formerly, Section 3.05.020 pertained to annual UDC review and amendments, and derived from Ord. No. 2015-49, § 2(Exh. A), adopted September 22, 2015.

Editor's note— Ord. No. 2025-08, § 2(Exh. A), adopted March 11, 2025, repealed the former Section 3.05.030 in its entirety, which pertained to UDC amendments outside of the annual review, and derived from Ord. No. 2015-49, § 2(Exh. A), adopted September 22, 2015.

Editor's note— Ord. No. 2015-49, § 2(Exh. A), adopted September 22, 2015, repealed the former Section 3.05.040 in its entirety, which pertained to the review and approval process, and derived from original codification.

The following lists of criteria are not all-inclusive. Review and recommendations on text amendments to this Unified Development Code should consider the following:

A.

The proposed text amendment corrects an error or meets the challenge of some changing condition, trend or fact;

B.

The proposed text amendment is in response to changes in state law;

C.

The proposed text amendment is generally consistent with the Comprehensive Plan and other adopted plans and does not conflict with any specific policy or action item outlined in the comprehensive plan;

D.

The proposed text amendment is generally consistent with the stated purpose and intent of the section it is amending;

E.

The proposed text amendment constitutes a benefit to the City as a whole and is not solely for the good or benefit of a particular landowner or owners at a particular point in time;

F.

The proposed text amendment will maintain or advance the public health, safety, or general welfare, including but not limited to facilitating the adequate provision of transportation, water, sewers, schools, and parks.

(Ord. No. 2015-49, § 2(Exh. A), 9-22-2015; Ord. No. 2025-08, § 2(Exh. A), 3-11-2025)

For the purpose of establishing and maintaining sound, stable, and desirable development within the territorial limits of the City, the Official Zoning Map may be amended based upon changed or changing conditions in a particular area, or in the City generally, or to rezone an area or extend the boundary of an existing Zoning District or Overlay District. All amendments must be consistent with the Comprehensive Plan. The provisions of the section related to Rezoning are adopted pursuant to Texas Local Government Code ch. 211 and the City Charter.

(Ord. No. 2015-34, § 2(Exh. A), 5-12-2015)

A.

Initiation.

Initiation of a map amendment may be made upon:

1.

Application of a property owner or their designated agent;

2.

Recommendation of the City Council;

3.

Recommendation of the Planning and Zoning Commission;

4.

For a historic landmark or historic overlay district designation, recommendation of the Historic and Architectural Review Commission; or

5.

Recommendation of the Director.

B.

Application and Completeness Determination.

The Director is responsible for checking that a complete application has been submitted with all material necessary for the City Council to render an informed decision.

C.

Staff Review.

1.

The Director shall review the application, considering any applicable criteria for approval and prepare a report to the Planning and Zoning Commission, the Historic and Architectural Review Commission (where applicable), and City Council.

2.

The Director may establish procedures for administrative review necessary to ensure compliance with this Code and State statutes.

3.

The Director may assign staff to review the application and make a report to the Director.

4.

The Director's report may include a recommendation for final action.

D.

Historic and Architectural Review Commission.

When a request is made for historic landmark or historic overlay district designation, the Commission shall hold a Public Hearing in accordance with its rules and state law, and make a recommendation to the City Council following notice in accordance with Section 3.03.

E.

Planning and Zoning Commission Review.

Following notice in accordance with Section 3.03, the Commission shall hold a Public Hearing in accordance with its rules and state law and make a recommendation to the City Council. Designation of a Historic Landmark shall not require review and recommendation by the Planning and Zoning Commission.

F.

City Council Final Action.

1.

The City Council shall hold a Public Hearing and may take final action on the proposed amendment.

2.

The amendment shall become effective when approved by the City Council and in accordance with the City Charter. If a proposed amendment has been recommended for disapproval by the Planning and Zoning Commission and the Historic and Architectural Review Commission (where applicable), the amendment may not become effective except by a three-fourths vote of all members of the City Council.

(Ord. No. 2015-34, § 2(Exh. A), 5-12-2015)

The City Council shall consider the following approval criteria for zoning changes:

A.

The application is complete and the information contained within the application is sufficient and correct enough to allow adequate review and final action;

B.

The zoning change is consistent with the Comprehensive Plan;

C.

The zoning change promotes the health, safety or general welfare of the City and the safe orderly, and healthful development of the City;

D.

The zoning change is compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood; and

E.

The property to be rezoned is suitable for uses permitted by the district that would be applied by the proposed amendment.

In addition to the zoning change criteria above, the City Council shall consider the following specific objectives and criteria for approving the PUD:

A.

Specific Objectives.

Rezoning to and development under the PUD District will be permitted only in accordance with the following specific objectives:

1.

A variety of housing types, employment opportunities, or commercial services to achieve a balanced community;

2.

An orderly and creative arrangement of all land uses with respect to each other and to the entire community;

3.

A planned and integrated comprehensive transportation system providing for a separation of pedestrian and vehicular traffic, to include facilities such as roadways, bicycle ways, and pedestrian walkways;

4.

The provisions of cultural or recreational facilities for all segments of the community;

5.

The location of general building envelopes to take maximum advantage of the natural and manmade environment; and

6.

The staging of development in a manner which can be accommodated by the timely provision of public utilities, facilities, and services.

Editor's note— Ord. No. 2015-34, § 2(Exh. A), adopted May 12, 2015, amended Sections 3.06.050 and 3.06.060 in their entirety to read as herein set out. Formerly, Sections 3.06.050 and 3.06.060 pertained to approval criteria (Historic District Designation), and interim control during historic district consideration, respectively, and derived from original codification.

In addition to the approval criteria for zoning changes in Section 3.06.030, the City Council shall make the findings that one or more of the following criteria for approving a Historic Overlay District is met:

A.

Character, interest, or value of the structures, sites or area because of their unique role in the development, heritage or cultural characteristics of the City, County, State or Nation;

B.

Occurrence of a notable historical event at the structures, sites, or area;

C.

Identification of the structures, sites, or area with a person or persons who contributed notably to the culture and development of the City, County, State, or Nation;

D.

Embodiment in multiple buildings in a site or area under consideration of distinctive elements of architectural design, detail material, or craftsmanship related to a uniqueness to the area, or the related distinctiveness of a craftsman, master builder or architect, or a style or innovation, including but not limited to:

1.

Scale of buildings and structures typical of the area;

2.

Architectural style of the buildings and structures;

3.

Architectural period of the buildings and structures;

4.

Building materials typical of the area;

5.

Colors and textures used in the buildings and structures typical of the area;

6.

Typical relationships of buildings in the area to the street;

7.

Setbacks and other physical patterns of buildings in the area;

8.

Typical patterns of rooflines of buildings in the area; or

9.

Typical patterns of porch and entrance treatments of buildings in the area; and

E.

Archaeological value in the sense that the structures, sites, or area have produced or can be expected to yield, based on physical evidence, information affecting knowledge of history or prehistory.

(Ord. No. 2015-34, § 2(Exh. A), 5-12-2015)

Note— See editor's note at Section 3.06.050.

The City Council shall make the findings that one or more of the following criteria for designating a building, structure or site within the City limits a local Historic Landmark is met:

A.

Character, interest, or value of the building, structure or site because of its unique role in the development, heritage or cultural characteristics of the City, County, State or Nation;

B.

Occurrence of a notable historical event at the building, structure or site;

C.

Identification of the building, structure or site with a person or persons who contributed notably to the culture and development of the City, County, State, Nation, or society;

D.

Distinctive elements of architectural design, detail material, or craftsmanship that make it an established or familiar visual feature, or the related distinctiveness of a craftsman, master builder or architect, or a style or innovation, including but not limited to:

1.

Architectural style of the building or structure;

2.

Architectural period of the building or structure;

3.

Textures and colors of materials used in the building or structure;

4.

Shape of the building or structure;

5.

Roofline of the building or structure;

6.

Porch and entrance treatments of the building or structure;

7.

Height and mass of the building or structure; or

8.

Relative proportions of the building or structure (width to height, width to depth); and

E.

Archaeological value in the sense that the building, structure or site can be expected to yield, based on physical evidence, information affecting knowledge of history or prehistory.

(Ord. No. 2015-34, § 2(Exh. A), 5-12-2015)

A.

Upon deeming an application for a historic landmark or historic overlay district designation complete, no Building Permit may be issued by the City for alteration, construction, demolition or removal of any building or structure located within the area proposed for such designation.

B.

This Building Permit hold period shall commence on the date the application for historic landmark or historic overlay district designation is deemed complete until its final disposition by the City Council. For City initiated requests, this Building Permit hold period shall commence on the date the resolution to initiate the request is adopted until final disposition by the City Council.

C.

The Building Permit hold period shall not apply to alterations, removal or demolition authorized by formal action of the Building Standards Board as necessary for preservation of the public health, welfare or safety as provided for dangerous buildings in Chapter 15 of the City Code of Ordinances.

(Ord. No. 2015-34, § 2(Exh. A), 5-12-2015)

Special Use Permits allow for City Council approval of uses with unique or widely varying operating characteristics or unusual site development features, subject to the terms and conditions set forth in this Code. Special Use Permits may be issued only for uses that are generally compatible with other uses permitted in a zoning district, but that require individual review of their location, design, intensity, etc. These uses and the districts where they may be located are listed in Chapter 5. These uses may be located in districts as indicated with conditions described in a Special Use Permit recommended by the Planning and Zoning Commission and approved by the City Council. No such use shall commence without prior approval of a Special Use Permit. A Special Use Permit includes a conceptual site layout that after approval, serves as the conceptual site layout necessary for the basis of the final Site Development Plan, which, if necessary, shall be required prior to obtaining any additional permits. An approved Special Use Permit is maintained with the property, and not the property owner, renter, or lessee, and shall be valid per the terms of Section 3.07.050. The provisions of this section related to Special Use Permits are adopted pursuant to Texas Local Government Code ch. 211 and the City Charter.

(Ord. No. 2015-48, § 2(Exh. A), 9-22-2015)

A.

Initiation.

Initiation of a Special Use Permit may be made upon application of a property owner or their designated agent, following the established application processes and requirements in Chapter 3.

B.

Application and Completeness Determination.

The Director is responsible for checking that a complete application has been submitted, with all material necessary for the City Council to render an informed decision.

C.

Staff Review.

1.

The Director shall review the application, considering any applicable criteria for approval and prepare a report to the Planning and Zoning Commission and City Council.

2.

The Director may establish procedures for administrative review necessary to ensure compliance with this Code and State statutes.

3.

The Director may assign staff to review the application and make a report to the Director.

4.

The Director's report may include a recommendation for final action.

D.

Planning and Zoning Commission Review.

Following notice in accordance with Section 3.03, the Commission shall hold a Public Hearing in accordance with its rules and State law and make a recommendation to the City Council.

E.

City Council Final Action.

1.

The City Council shall hold a Public Hearing, in accordance with its rules and State law, and may take final action on the proposed Special Use Permit.

2.

The Special Use Permit and any subject conditions shall become effective upon approval by the City Council and in accordance with the City Charter.

A.

A conceptual site layout for the Special Use Permit must be approved by the City Council in order to approve issuance of a Special Use Permit.

B.

The conceptual site layout must be reviewed by the Director for compliance with this Code, in accordance with the review criteria in Subsection 3.03.040.D and include, at a minimum, the following existing and proposed features: driveways, parking areas, entrance(s), trees, landscaping, buffering, screening, fences, buildings and other structures, outdoor refuse containers, easements, sidewalks, street(s) names and locations, lighting, signs, floodplain limit (general), preliminary plan for utilities, concept drainage, and site and building dimensions.

C.

In addition to the criteria for zoning changes in Section 3.06.030, the City Council may approve an application for a Special Use Permit where it reasonably determines that there will be no significant negative impact upon residents of surrounding property or upon the general public. The City Council shall consider the following criteria in its review:

1.

The proposed special use is not detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants.

2.

The proposed conceptual site layout, circulation plan, and design are harmonious with the character of the surrounding area.

3.

The proposed use does not negatively impact existing uses in the area and in the City through impacts on public infrastructure such as roads, parking facilities, and water and sewer systems, and on public services such as police and fire protection and solid waste collection and the ability of existing infrastructure and services to adequately provide services.

4.

The proposed use does not negatively impact existing uses in the area and in the City through the creation of noise, glare, fumes, dust, smoke, vibration, fire hazard or other injurious or noxious impact.

An application submitted to modify an approved conceptual site layout that was filed as part of a Special Use Permit shall cause the Special Use Permit to be reviewed under Subsections A. and B. below. Modified conceptual site layouts must be resubmitted to the Director for consideration.

A.

The Director may determine that the modification to the conceptual site layout does not change the basis for Special Use Permit approval and issue an approval of the modified Special Use Permit.

B.

If the Director determines that the modifications to the conceptual site layout change the basis for the initial Special Use Permit approval, the modified permit shall follow the normal review process for a Special Use Permit.

A Special Use Permit shall expire 24 months from the date of Council approval, unless:

A.

A Site Development Plan application, if necessary, has been submitted.

B.

A Building Permit application has been approved or, if no Building Permit is required, a Certificate of Occupancy has been issued.

C.

In the case of projects where more than one building or phase is to be built, the applicant may submit a series of Building Permit applications. The first application must be approved within 24 months from the date conceptual site layout approval is granted. Each subsequent application must be submitted within 24 months from the date of issuance of a Certificate of Occupancy, or equivalent, by the Building Official for the previous phase of the development.

D.

A lapse of a period greater than the periods set forth above causes the related approvals or permits to expire and be of no further force and effect. The Director has the authority to consider a six-month extension of the above deadlines based on extenuating circumstances. Any further action shall require a new application and approval.

E.

The Council's approval of the Special Use Permit specified an expiration date.

(Ord. No. 2015-48, § 2(Exh. A), 9-22-2015)

A Special Use Permit shall expire 12 months following the discontinuation of the use for which the Special Use Permit was approved.

A.

Pursuant to the authority granted in Texas Local Government Code ch. 212 and the City Charter, prior to the subdivision, resubdivision, assembly or development of any land within the City or its extraterritorial jurisdiction, a subdivision plat and, where public improvements are proposed, construction plans must be approved in accordance with this Chapter. Exemptions to these situations are found in Section 3.08.020.

B.

The owner of a tract of land located within the City limits or the extraterritorial jurisdiction who divides the tract in two or more parts to lay out a subdivision of the tract or to lay out streets, parks, or other parts of the tract intended by the Owner to be dedicated to public use shall submit a plat of the subdivision in accordance with this Chapter.

C.

A division of a tract under this section includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract for sale or other executory contract to convey or by using any other method.

D.

No Site Development Plan, Stormwater Permit, Building Permit, Certificate of Occupancy, or utility services may be approved or issued for the construction or development of any parcel or tract of land unless such property is in conformity with the provisions of this Code.

E.

The division of any lot or any parcel of land by the use of metes and bounds description for the purpose of development is prohibited.

(Ord. No. 2017-15, § 2, 2-28-2017; Ord. No. 2023-44, § 4(Exh. B), 8-22-2023)

The following situations shall not require review by the City under the subdivision provisions, but may require a Certification Regarding Compliance with Plat Requirements per Section 3.08.030. Williamson County may still require subdivision approval under its regulations for subdivisions located in the City's ETJ.

A.

Land constituting a single tract, lot, site, or parcel for which a legal deed of record describing the boundary of said tract, lot, site, or parcel was filed of record in the deed records of Williamson County, Texas, on or before May 10, 1977, provided that such parcel or tract of land has not thereafter been subdivided into two or more parcels or tracts of land.

B.

A division of land into parts greater than five acres, where each part has at least 25 feet of frontage on a public street and no public improvement, including right-of-way, easement, or physical improvement of any kind intended for public use, is proposed.

C.

A division of land created by order of a court of competent jurisdiction, including the probate of an estate provided, however, that prior to construction of improvements, a plat may be required in accordance with this Chapter.

D.

Construction of additions or alterations to an existing building where no public utility extension or public improvement is required to meet the standards of this Code for such building addition or alterations.

E.

Operation of existing cemeteries complying with all state and local laws and regulations.

F.

Acquisition of land by the City, County, or State for public improvements, as defined in this Code, by dedication, condemnation, or easement.

(Ord. No. 2017-15, § 2, 2-28-2017)

An application for certification of compliance with the platting requirements of this Chapter may be submitted for an existing tract of land or proposed division of land within the City's jurisdiction, but shall be required for tracts of land created via the exemptions outlined in Subsections 3.08.020.A—B. In compliance with Local Government Code § 212.0115, the Director, or their designee, shall provide written determination of the following:

A.

Whether a plat is required under this Chapter for the tract of land or the proposed division of land or whether an exemption to platting under Section 3.08.020 applies; and

B.

If a plat is required, whether a plat has been reviewed and approved by the applicable approving body.

(Ord. No. 2017-15, § 2, 2-28-2017)

The following table summarizes types of plats required by this Code as well as their corresponding process. Please review to the Summary of Review Authority table in Section 2.01.020 of this Code for the decision making authority for each plat type. When a proposed division is subject to more than one description within a plat type, the more restrictive process is applicable.

Table 3.08.030: Plat Summary

(Ord. No. 2017-15, § 2, 2-28-2017; Ord. No. 2023-44, § 4(Exh. B), 8-22-2023)

The applicant shall submit the information required in the UDC Development Manual as specified in the corresponding plat application checklist. A plat application is considered filed for the purposes of Texas Local Government Code § 212.004(f) on the date the applicant submits the plat, along with a completed plat application and the application fees and all required documentation prescribed by or under this Code and Texas Local Government Code Chapter 212, subject to Section 3.02.040 of this code. The final copy of Preliminary and Recording Plats shall be prepared and submitted by the applicant in conformance with the UDC Development Manual.

(Ord. No. 2023-44, § 4(Exh. B), 8-22-2023)

A.

The Director may establish procedures for administrative review of plat applications necessary to ensure compliance with this Code and State law.

B.

The Director may assign staff to review the plat application and make a report to the Director.

C.

Once the Director determines the application has been filed, the Director shall either, approve, conditionally approve, or disapprove the application.

D.

If an application is disapproved or conditionally approved, the Director shall provide the applicant a written statement of the conditions for the conditional approval or reasons for disapproval that clearly articulates each specific condition for the conditional approval or reason for disapproval.

(Ord. No. 2023-44, § 4(Exh. B), 8-22-2023)

A.

Applicability.

1.

Approval of a Preliminary Plat, showing the proposed layout of the subdivision, shall be required before approval of any division of land or platting activity that requires or proposes the extension of public infrastructure, including, but not limited to, public utilities and roadways.

2.

Any Preliminary Plat that includes the further subdivision of all or part of a recorded plat that has not otherwise been vacated, must also follow the procedures set forth for Replats as outlined in Subsection 3.08.070.D.

B.

Unlawful to Record Preliminary Plat.

It shall be unlawful to cause any Preliminary Plat of land within the City limits or extraterritorial jurisdiction of Georgetown, to be recorded with the County Clerk, except as otherwise established for a combined Preliminary and Final Plat.

C.

Approval Criteria.

1.

Reserved.

2.

No Preliminary Plat shall be approved without a determination that the plat conforms to the following:

a.

The Plat meets or exceeds the requirements of this Unified Development Code and any applicable local or State laws.

b.

The Plat is consistent with the City's Comprehensive Plan and any other adopted plans as they relate to:

i.

The City's streets, sidewalks, alleys, parks, playgrounds, and public utility facilities; and

ii.

The extension of the City or the extension, improvement or widening of its roads, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities.

c.

Any subdivision design and improvement standards adopted by the City pursuant to Texas Local Government Code § 212.002 or § 212.044, governing plats and subdivision of land within the City's jurisdiction to promote the health, safety, morals or general welfare of the City and the safe orderly, and healthful development of the City.

d.

The tract of land subject to the application is adequately served by public improvements and infrastructure or will be adequately served upon completion by the applicant of required improvements.

3.

Phasing Plan.

In lieu of recording the entirety of a proposed division of a property at one time, and therefore constructing all public improvements required by the division at once, an applicant may propose a plan for phasing the subdivision as follows:

a.

The Phasing Plan shall indicate the boundaries and order of final platting and construction of associated improvements.

b.

Phasing Plans shall not propose more than ten phases. The Director may approve phasing in excess of this number if the applicant can provide justification for such. The number of phases herein is exclusive of any increase in phases due to the splitting of phases as allowed per Subsection 3.080.B.1.c.

c.

Each proposed phase of a Phasing Plan for a single-family residential development shall include at least four lots, except that lots shown on a Phasing Plan for nonresidential uses, such as lots for parkland, neighborhood amenity centers, or commercial out lots, or any similar uses as determined by the Director, may be shown as a single lot phase.

d.

The proposed order of phasing shall follow a logical progression and, in the event subsequent phases are not built, meet the minimum requirements of this Code, including, but not limited to, public infrastructure, parkland dedication, connectivity, and dedication of adjacent street rights-of-way.

e.

Changes to a Phasing Plan shall meet the requirements of this section and follow the procedures for such as permitted in Subsections 3.08.070.F and 3.08.080.B.1.c.

D.

Responsibility for Final Action.

1.

Final Action Authority, according to UDC 2.01.020, shall consider the Preliminary Plat application, the Director's report, State law, and compliance with this Unified Development Code, and take final action.

2.

The Final Action Authority shall either:

a.

Approval of the Preliminary Plat;

b.

Conditional approval of the Preliminary Plat; or

c.

Disapprove the Preliminary Plat.

E.

Expiration of Preliminary Plat.

1.

A Preliminary Plat that is proposed to be developed in a single phase shall become null and void 24 months after its approval unless a Final Plat is recorded for all of the Preliminary Plat within that time.

2.

A Preliminary Plat that includes an approved Phasing Plan shall become null and void 24 months after its approval unless a Final Plat for the first phase is recorded within that time. The recording of a Final Plat for the first phase of the project shall extend the expiration date for the remaining portion of the original Preliminary Plat for a period of 24 months after the date of recordation of the Final Plat. Recordation of each subsequent Final Plat within 24 months of the date of recordation of the preceding Final Plat shall extend the expiration date for the portion of the original Preliminary Plat for which no Final Plats have been approved for an additional 24 months from the date of recordation of such Final Plat.

a.

Each 24-month extension period for the expiration of the original Preliminary Plat runs from the date of the latest Final Plat recordation. Extension periods are not cumulative.

b.

If a Final Plat is not recorded during the 24-month extension period, the approval of the original portion of the Preliminary Plat that has not been recorded, together with any unrecorded Final Plat applications, lapses.

F.

Changes to Approved Preliminary Plats.

Changes to an approved Preliminary Plat that do not otherwise qualify as a deviation to the approved Preliminary Plat as defined in Subsection 3.08.080.B.1.c, shall be processed as either an amendment to the original Preliminary Plat or as a new Preliminary Plat application as follows:

1.

Changes to a Preliminary Plat may be processed as an amendment to the original Preliminary Plat if:

a.

The proposed amendment does not alter the purpose and intent of the original Preliminary Plat (i.e., commercial subdivision, single-family residential large lot subdivision);

b.

The general design and layout of the original Preliminary Plat is maintained;

c.

The proposed development density does not substantially increase or decrease; and

d.

The amendment does not propose the removal or addition of an arterial level roadway.

2.

The Director shall review the proposed changes, including any changes to the Phasing Plan, in the same manner prescribed for the original Preliminary Plat approval.

3.

The Final Action Authority shall consider and take final action on an amendment to a Preliminary Plat in the same manner prescribed for the original Preliminary Plat approval.

4.

Approval of a Preliminary Plat amendment shall not cause the expiration date established with the original Preliminary Plat approval to be extended.

5.

The development regulations in effect for the original Preliminary Plat approval shall be applicable to the Preliminary Plat amendments.

6.

All other changes to an approved Preliminary Plat that do not meet the provisions of this section, as determined by the Director, shall require submittal and approval of a new Preliminary Plat application (including new fees, new review process, new approval dates, etc.).

(Ord. No. 2023-44, § 4(Exh. B), 8-22-2023)

Recording Plats are those Subdivision Plats that are to be a document of legal record and include Final Plats, Minor Plats, Replats, and Amending Plats.

A.

Approval of Recording Plats.

Recording plats shall be processed in accordance with 3.03.050.C of this code. Final Action Authority shall be as noted in 2.01.020 of this Code.

B.

Final Plats.

1.

Applicability.

Final Plats are technically complete, recordable versions of an already approved Preliminary Plat. Except as otherwise noted within this section, no Final Plat may be considered or approved unless the Preliminary Plat for the same land has been approved and has not expired and the Final Plat is consistent with such Preliminary Plat or revision thereof. The Final Plat must incorporate all changes from the Preliminary Plat that were considered and approved by the Planning and Zoning Commission or the Director. Final Plat review is used to ensure that a final recorded plat application includes final engineering diagrams and descriptions that conform to the Preliminary Plat and the "as-built" infrastructure on the site. Exception to these requirements is allowed as follows:

a.

No Public Infrastructure Proposed. A Final Plat may be approved without approval of a Preliminary Plat for the same project if the division of land would otherwise qualify as a Minor Plat, but proposes more than four lots. A Final Plat under this provision may not include the dedication of land or require or propose the extension of any public infrastructure, including, but not limited to, public utilities or roadways.

b.

Combined Preliminary and Final Plat Option. Any division of land or platting activity that requires any of the following, but would otherwise meet the definition of a Minor Plat, may be processed as a combined Preliminary and Final Plat, subject to the criteria of this section and Section 3.08.070.

i.

Any utility dedication; or

ii.

Any dedication of land.

The Director shall have the authority to determine if a plat meets the criteria to be processed as a combined Preliminary and Final Plat.

c.

Deviations from the Approved Preliminary Plat.

i.

Minor Deviations. During review of the Final Plat, the Director may consider and approve minor deviations from what was proposed on the approved Preliminary Plat. Deviations that affect another proposed phase of the Preliminary Plat or that affect property off-site of the Preliminary Plat or any deviations that increase the density of development shall not be considered minor. The deviations shall meet any approval criteria applicable to the approved Preliminary Plat. A draft of the proposed changes to the Preliminary Plat shall be provided to the Planning Department as part of the application submission for the Final Plat. Approval by the Director of such Final Plat shall be considered approval of the amendments to the Preliminary Plat and shall cause an updated final copy of the Preliminary Plat to be provided to the Planning Department prior to recordation of the Final Plat. The Director may, at their discretion, choose to send proposed deviations to the Planning and Zoning Commission for their consideration and final action.

The following deviations from the Preliminary Plat may be considered minor:

(a)

Adjustments in alley, local, or collector street alignments or widths that do not affect another proposed phase of the Preliminary Plat or adjacent property;

(b)

Changes to the lot lines, sizes, or configuration provided that the total number of lots does not increase and the changes do not affect approved infrastructure;

(c)

Decreases in the number of lots by up to ten percent (10%) or one lot, whichever is greater, provided any minimum density requirements continue to be met, if applicable;

(d)

The splitting of a proposed phase of the Preliminary Plat into two phases if the separation does not affect access or utilities to a later phase;

(e)

The combining of adjacent proposed phases of the Preliminary Plat;

(f)

A change in the order of adjacent phases of the Preliminary Plat, provided adequate public infrastructure is available and is maintained for subsequent phases; and

(g)

Other similar changes as determined by Director.

ii.

Major Deviations from the Approved Preliminary Plat. The deviations shall meet any approval criteria applicable to the approved Preliminary Plat. A draft of the proposed changes to the Preliminary Plat shall be provided to the Planning Department as part of the application submission for the Final Plat. Approval by the Commission of such Final Plat shall be considered approval of the amendments to the Preliminary Plat and shall cause an updated final copy of the Preliminary Plat to be provided to the Planning Department prior to recordation of the Final Plat.

The following deviations from the Preliminary Plat are considered major:

(a)

Adjustments in arterial roadway alignments or widths that do not affect another proposed phase of the Preliminary Plat or property off-site;

(b)

Adjustments to lot lines, sizes, or configurations that do not increase or decrease the total number of lots by more than ten percent (10%) or one lot, whichever is greater;

(c)

Modification to proposed parkland;

(d)

Changes in the location of the boundary line of a phase of the Preliminary Plat to include part of another phase, provided no change in the layout of the streets and lots of adjacent phases is required;

(e)

Reordering of proposed phases of the preliminary plan, provided adequate public infrastructure is maintained and the reordering does not affect planned infrastructure off-site; and

(f)

Other similar changes as determined by Director.

iii.

All Other Changes. All other changes that affect property off-site of the Preliminary Plat, or otherwise do not fall within the limitations herein, shall not be processed as deviations and shall follow the procedures of Subsection 3.08.070.F.

iv.

Determination. The Director shall make a determination of whether proposed deviations are deemed to be minor or major.

2.

Approval Criteria.

A Final Plat shall not be considered for final action until the Director has determined the following:

a.

The Final Plat is acceptable for consideration, meaning the application is complete and the information contained within the application is correct and sufficient to allow adequate consideration and final action.

b.

The Final Plat is consistent with an approved Preliminary Plat, except as provided for in Subsection 3.08.080.B.1.

c.

The Final Plat is consistent with any City-approved Construction Plans for any required or agreed improvements.

d.

The Final Plat meets any subdivision design and improvement standards adopted by the City pursuant to Texas Local Government Code § 212.002, governing plats and subdivision of land within the City's jurisdiction to promote the health, safety, morals, or general welfare of the City and the safe, orderly, and healthful development of the City.

e.

The tract of land subject to the application is adequately served by public improvements and infrastructure, including water and wastewater, or will be adequately served upon completion by the applicant of required improvements.

C.

Minor Plats.

1.

Applicability.

a.

A Minor Plat is a plat for four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities and not otherwise considered a Replat or Amending Plat.

b.

Any plat that requires public improvements per this Unified Development Code, any utility dedication or any dedication of land shall not be processed as a Minor Plat and shall be processed in accordance with Section 3.08.070 or 3.08.080.B.1.b as applicable.

2.

Approval Criteria.

A Minor Plat shall not be considered for final action until the Director has determined the following:

a.

The Minor Plat is acceptable for consideration, meaning the application is complete and the information contained within the application is correct and sufficient to allow adequate consideration and final action.

b.

The plat meets or exceeds the requirements of this Unified Development Code and any applicable State or local laws.

c.

The plat is consistent with the City's Comprehensive Plan and any other adopted plans as they relate to:

i.

The City's streets, sidewalks, alleys, parks, playgrounds, and public utility facilities; and

ii.

The extension, improvement, or widening of City roads, taking into account access to and extension of sewer and water mains and the instrumentality of public utilities.

d.

The plat meets any subdivision design and improvement standards adopted by the City pursuant to Texas Local Government Code § 212.002, governing plats and subdivision of land within the City's jurisdiction to promote the health, safety, morals, or general welfare of the City and the safe, orderly and healthful development of the City.

e.

The tract of land subject to the application is adequately served by public improvements and infrastructure.

f.

A Subdivision Variance may be requested as a companion application to the consideration of a Minor Plat, according to the provisions detailed in Section 3.22 of this Code. The Subdivision Variance and the Minor Plat shall be required to be approved by P&Z.

D.

Replats.

1.

Applicability.

A property owner who proposes to further subdivide all or part of a recorded plat, without first vacating that plat, must obtain approval for a Replat as outlined in the procedures prescribed for the resubdivision of land under these regulations and Texas Local Government Code ch. 212.

2.

Approval Criteria.

A Replat shall not be considered for final action until the Director has determined the following:

a.

The Replat is acceptable for consideration, meaning the application is complete and the information contained within the application is correct and sufficient to allow adequate consideration and final action.

b.

The plat meets or exceeds the requirements of this Unified Development Code and any applicable State or local laws.

c.

The plat is consistent with the City's Comprehensive Plan and any other adopted plans as they relate to:

i.

The City's current and future streets, sidewalks, alleys, parks, playgrounds, and public utility facilities; and

ii.

The extension, improvement, or widening of City roads, taking into account access to and extension of sewer and water mains and the instrumentality of public utilities.

d.

The plat meets any subdivision design and improvement standards adopted by the City pursuant to Texas Local Government Code § 212.002 or § 212.044, governing plats and subdivision of land within the City's jurisdiction to promote the health, safety, morals, or general welfare of the City and the safe, orderly, and healthful development of the City.

e.

The tract of land subject to the application is adequately served by public improvements and infrastructure.

f.

A Subdivision Variance may be requested as a companion application to the consideration of a Replat, according to the provisions detailed in Section 3.22 of this Code. The Subdivision Variance and the Replat shall be required to be approved by P&Z.

g.

A Replat may not amend or remove any covenants or restrictions and is controlling over the preceding plat.

3.

Responsibility for Final Action.

Final Action Authority shall be as noted in 2.01.020 of this Code.

4.

Additional Requirements for Certain Replats.

Replats containing any area or lot that, during the preceding five years, was limited by an interim or permanent zoning classification to residential use for not more than two residential units per lot or in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot, require compliance with Texas Local Government Code § 212.015 and shall meet the additional requirements outlined below.

a.

Written notice of the Public Hearing required in Subsection 3. above shall be mailed, in accordance with Subsection 3.03.010.C, no less than 15 days prior to the Public Hearing, to all owners of lots that are part of the original subdivision and located within 200 feet of the boundary of the property to be replatted.

b.

If the Replat application is accompanied by a Subdividion Variance application, per Section 3.22, and is legally protested in accordance with this section, approval of the Replat shall require the affirmative vote of at least three-fourths of the voting members of the Commission present at the meeting. For purposes of this section, a protest is legal if it is made in writing and signed by the owners of at least 20 percent (20%) of the area of the lots or land (including streets and alleys) that was subject to the written notification required above and filed with the Commission prior to the close of the Public Hearing on the Replat.

E.

Amending Plats.

1.

Applicability.

An Amending Plat is any plat meeting the definition in Texas Local Government Code § 212.016.

2.

Approval Criteria.

An Amending Plat shall not be considered for final action until the Director has determined the following:

a.

The Amending Plat is acceptable for consideration, meaning the application is complete and the information contained within the application is correct and sufficient to allow adequate consideration and final action.

b.

The plat meets the requirements of Texas Local Government Code § 212.016.

c.

The plat meets or exceeds the requirements of this Unified Development Code and any applicable State law.

d.

The plat is consistent with the recorded subdivision it is amending.

F.

Recordation Requirements for Recording Plats.

1.

The Recording Plat is the instrument to be recorded in the Office of the County Clerk when all requirements have been met. The plat is ready for recordation only after the following has occurred:

a.

The Director or the Planning and Zoning Commission has approved the plat;

b.

For Final Plats, the Development Engineer has approved the Construction Plans;

c.

For Final Plats, the subdivider has either filed a "financial guarantee of performance" or completed required construction of infrastructure and public improvements;

d.

The Director or the Chair and Secretary of the Planning and Zoning Commission have signed the plat; and

e.

Support documentation as required by the County Clerk's office for plat recordation has been provided to the Planning Department, including the filing fees.

2.

The subdivider shall be responsible for paying all record filing fees.

G.

Expiration of Recording Plats.

An approved Recording Plat that has not been filed in the appropriate records of Williamson County within 24 months of its approval shall expire and be considered null and void.

H.

Vacation of Recorded Plat.

In accordance with Texas Local Government Code § 212.013, after a plat has been recorded with the County, the plat or any portion of the plat may be vacated by application of all the owners of property within the original plat in the same manner as would be currently prescribed under this Code for approval of the original plat (i.e. Administrative, Public Hearing required, etc.).

(Ord. No. 2017-15, § 2, 2-28-2017; Ord. No. 2023-44, § 4(Exh. B), 8-22-2023)

A.

Prior to expiration of an approved Subdivision Plat, including Preliminary Plats and Recording Plats, an applicant may request a one-time extension of the Subdivision Plat approval for a period of six months if the Director determines such extension will have no negative impacts on the surrounding area and would not be contrary to the public interest. Approval of an extension for a Final Plat that is subject to the requirement for a Preliminary Plat may only be granted if the approval of the Preliminary Plat for such is also extended, if applicable.

B.

The Director shall have the authority to determine if a Subdivision Plat Extension meets the criteria for processing and approval.

(Ord. No. 2017-15, § 2, 2-28-2017)

Editor's note— Ord. No. 2017-15, § 2, adopted February 28, 2017, changed the title of Section 3.08.090 from "Extension and Reinstatement of Approved Subdivision Plats" to "Extension of Approved Subdivision Plats."

A.

Applicability.

Construction Plans conforming to the City's Construction Specifications and Standards Manual and this Code must be submitted to the Development Engineer for all existing or proposed streets, sidewalks, drainage, and utility improvements, and any other infrastructure or public improvements that are required or proposed to be constructed, reconstructed, improved or modified to serve the development. Where the Final Plat is for property being developed in phases, the required Construction Plans must include the improvements specified in the Preliminary Plat to serve the phase being platted. The Construction Plans are intended to provide detailed engineering drawings for all improvements required to serve the development. The Construction Plans shall be kept as a permanent record of the City.

B.

Construction or Financing of Public Improvements.

1.

After approval of a Preliminary Plat or Preliminary Final Plat, the subdivider shall notify the Development Engineer as to the construction procedure the subdivider proposes to follow. One of the following procedures shall be used:

a.

The subdivider may file Construction Plans, and, upon approval of the Construction Plans by the Development Engineer, proceed with construction of streets, alleys, sidewalks, and utilities that the subdivider is required to install.

b.

The subdivider may elect to file a "financial guarantee of performance" as provided in Section 13.08, in which case the guarantee of performance shall be filed with the City.

2.

Upon completion of construction the subdivider shall deliver to the City a two-year Maintenance Bond for guarantee of workmanship and materials as provided in Section 13.09.

3.

A conditional construction permit for a model home may be issued once the streets to the subdivision have been constructed to sub-grade and water service and a fire hydrant are located within 500 feet of the lot on which the model home is located. The Building Official shall note on the permit that the property owner accepts all responsibility for commencing construction prior to completion of the public improvements and City acceptance of the subdivision. The Certificate of Occupancy for the model home will not be issued until the subdivision and all public improvements have been accepted by the City, a Final Plat has been filed with the County and all utilities are connected to the home.

4.

The construction documents, when duly signed by the Development Engineer, are authority to proceed with the construction of streets and utilities.

C.

Responsibility of Subdivider's Engineer.

The professional engineer representing the subdivider is responsible for the accuracy, completeness, and conformance to the City's Construction Specifications and Standards Manual, this Code and all applicable City standards. The City has no project design or engineering responsibility.

D.

Approval Criteria.

The purpose of the Development Engineer's review is to ensure conformance to City policies and standards. However, the Development Engineer's review is limited to facts as presented on submitted plans.

1.

The Development Engineer shall approve Construction Plans that are submitted and sufficiently show compliance with any City-approved or adopted design or construction criteria manuals or in the absence of City-approved or adopted design requirements, standard engineering practices.

2.

The City reserves the right to require corrections to actual conditions in the field that are found to be contrary to or omitted from submitted plans.

3.

The Development Engineer shall not approve Construction Plans that do not adequately represent construction of the approved infrastructure and public improvements included in the approved Preliminary Plat or Preliminary Final Plat.

4.

Construction Plans shall not be approved until an Electric Utility Services Availability Letter, as defined in this Code, has been submitted to the City.

E.

Responsibility for Final Action.

Final Action Authority shall be as noted in 2.01.020.

(Ord. No. 2017-15, § 2, 2-28-2017; Ord. No. 2020-40, § 2(Exh. A), 5-12-2020; Ord. No. 2023-44, § 4(Exh. B), 8-22-2023)

A.

An approved, valid Site Development Plan is required prior to the construction, expansion, or removal of any improvements to a property, as defined in Section 16.2 of this Code and including driveways, sidewalks, drainage structures and utility improvements, within the City's limits, except as follows:

1.

Single-family and Two-family structures, accessory structures, and fences on individually platted lots; and

2.

Agricultural buildings for the purposes of farming, ranching or sheltering of animals.

B.

All improvements reflected on approved Site Development Plans must be constructed at the time of development. All terms and conditions of Site Development Plan approval must be met at the time of development.

C.

The Site Development Plan may not be approved unless the lot on which the improvements are proposed is legally platted or the subject tract is determined to be exempt from the platting requirements of Section 3.08.

D.

Where Site Development Plan approval is required, no Building Permit approval shall be issued and no site construction shall be allowed until such property has received final Site Development Plan approval and is in conformity with the provision of this Code except through a Grading Permit. A Grading Permit, processed and reviewed with the Site Development Plan, may be considered by the Development Engineer for vegetation clearing and site grading. Such a permit may be issued at the discretion of the Development Engineer for specific activities such as understory removal and rough grading, and shall not include removal of protected trees, utility work, paving or foundation. The Development Engineer may revoke the permit and issue a stop-work order if non-compliant.

E.

The provisions of this Section relating to Site Development Plans are adopted in accordance with the Texas Local Government Code ch. 211 and the City Charter.

(Ord. No. 2015-48, § 2(Exh. A), 9-22-2015; Ord. No. 2017-15, § 2, 2-28-2017)

Review of a Site Development Plan shall follow the procedures set forth in Section 3.03.040 for administrative review and shall be processed as follows:

A.

Application Completeness.

1.

The applicant shall submit all of the information required in the UDC Development Manual as specified on the Site Development Plan application checklist.

2.

The Director shall determine that a complete application has been submitted with all material necessary to review the Site Development Plan's conformance with applicable criteria for approval.

B.

Staff Review.

1.

The Director shall review the application, considering any applicable criteria for approval, and notify the applicant of any necessary corrections.

2.

The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statutes.

3.

The Director may assign staff to review the application.

C.

Responsibility for Final Action.

Final Action Authority shall be as noted in 2.01.020 of this Code.

(Ord. No. 2015-48, § 2(Exh. A), 9-22-2015; Ord. No. 2023-44, § 4(Exh. B), 8-22-2023)

A Site Development Plan shall be approved if it is in compliance with the following criteria:

A.

A complete application and fee have been submitted.

B.

The application and content of the application are consistent with the provisions of this Unified Development Code, the Comprehensive Plan, and any other applicable City regulations.

C.

The application and content of the application are consistent with the UDC Development Manual, City's Construction Specifications and Standards Manual, this Code and any written interpretations of this Code.

D.

Site Development Plans may not be approved on any parcel of land not otherwise in conformance with Section 3.08 of this Chapter.

E.

Compliance with any approved plat, Development Agreement or other agreement or ordinance governing the parcel of land to which the Site Development Plan is related.

F.

Compliance with any additional Site Development Plan approval criteria required for Overlay Districts or any Site Development Plan approval criteria adopted as part of a special area plan.

G.

Prior to final approval of any plan within the City Limits, the applicant must certify to the Drainage Engineer that all City Drainage Manual requirements for a Stormwater Permit are met by the Site Development Plan. Approval of the Site Development Plan constitutes approval of the Stormwater Permit.

H.

The Site Development Plan shall conform to standard engineering practices and must be sealed by a Professional Engineer licensed in the State of Texas, except as otherwise provided for in this Section.

I.

The materials, embedment, and testing of all private main utility lines six inches and above in diameter shall meet the requirements of the City's Construction Specifications and Standards Manual and/or the approved City Building Codes.

J.

Reserved.

K.

An Electric Utility Services Availability Letter, as defined in this Code, has been submitted to the City.

(Ord. No. 2015-48, § 2(Exh. A), 9-22-2015; Ord. No. 2017-15, § 2, 2-28-2017; Ord. No. 2020-40, § 2(Exh. A), 5-12-2020)

All Site Development Plans shall include the following components demonstrating compliance with the provisions of this Code and the UDC Development Manual, unless otherwise provided for within this Section:

A.

Cover Sheet;

B.

Dimensional Site Plan;

C.

Architectural Plan;

D.

Lighting Plan;

E.

Landscape Plan;

F.

Tree Preservation Plan;

G.

Utility Plan;

H.

Grading Plan; and

I.

Drainage Plan.

(Ord. No. 2015-48, § 2(Exh. A), 9-22-2015)

A Site Development Plan shall include the entire area within the legal boundaries of the tract for which it is proposed; however, the area included in a Site Development Plan may be reduced to reflect the actual area of development in the situations listed below. The new artificial boundary shall be the same used for all components of the Site Development Plan and shall be scaled such that all requirements applicable to the Site Development Plan can be met within that boundary.

A.

The area of development is part of a much larger tract whereby the area encompasses less than fifty percent (50%) of the total tract;

B.

The proposed improvements are part of a larger campus where the areas are designed to function relatively independent of each other;

C.

The excluded area is to remain undeveloped and in its natural state;

D.

The improvements are proposed to be added to an existing site, provided:

1.

No improvements are proposed to the excluded area;

2.

Review of the excluded area is not necessary for review of the area of development;

3.

The improvements proposed within the area of development are not dependent on improvements located within the excluded area; and

4.

No retrofitting of existing site improvements is required pursuant to the provisions applicable to the expansion of a nonconforming structure or site in Chapter 14; and

E.

Other similar circumstances as determined by the Director.

(Ord. No. 2015-48, § 2(Exh. A), 9-22-2015)

When development is proposed for a larger site with multiple buildings, an applicant may choose to partition the site and construct the improvements in a series of phases as follows:

A.

The Site Development Plan submittal shall include a Phasing Plan indicating the boundaries of each phase and the order of construction of associated site improvements.

B.

No Phasing Plan shall propose more than five phases or exceed a period of ten years. The Director may approve phasing in excess of this number if the applicant can provide justification for such.

C.

The proposed order of phasing shall follow a logical progression and, in the event subsequent phases are not built, must meet the minimum requirements of this Code, including, but not limited to, parking, landscaping, tree mitigation, fire access and stormwater management.

D.

Changes to a Phasing Plan shall meet the requirements of this Section and follow the procedures established for revisions of Site Development Plans.

(Ord. No. 2015-48, § 2(Exh. A), 9-22-2015)

Where the scope of required or proposed site improvements is limited, as herein defined, a Minor Site Development Plan review process may be utilized subject to the provisions below.

A.

Determination of Minor Site Development Plan Review.

1.

A Minor Site Development Plan submittal may be considered when the extent, type or size of the site improvements is such that review of all standard Site Development Plan components, as identified in Section 3.09.040, is not necessary, as determined by the Director. Typical situations qualifying for Minor Site Development Plan review may include, but not be limited to, improvements required by Chapter 14 due to a change in use, a small addition to a building over existing impervious coverage, installing parking lot striping on an existing parking lot, replacement of a site's landscaping, or where only one component of a Site Development Plan, as outlined in Section 3.09.040, is required.

2.

A Minor Site Development Plan review shall not be utilized when:

a.

Site improvements are proposed to a property where no development has otherwise occurred, except in unique situations as determined by the Director;

b.

The proposed project requires preparation of a Traffic Impact Analysis (TIA);

c.

The proposed project requires preparation of a stormwater drainage study, although some drainage information may be reviewed as part of a Minor Site Plan;

d.

A new building(s) in excess of 1,000 square feet is proposed;

e.

A building addition is proposed in excess of 1,000 square feet or twenty percent (20%) of the existing building's square footage, whichever is less;

f.

The intended project requires or proposes more than six parking spaces; or

g.

Similar situations are proposed as determined by the Director.

B.

Components of a Minor Site Development Plan.

The components required with a Minor Site Development Plan application shall be those determined by the Director to be applicable to the particular situation and necessary to verify the conformance of the proposed site improvements with the provisions of this Code. The Director may determine an engineer is not required to prepare the plans under the Minor Site Development Plan provisions if the proposed improvements do not warrant such.

(Ord. No. 2015-48, § 2(Exh. A), 9-22-2015)

Any modifications to an approved Site Development Plan must be resubmitted to the Director for consideration as follows:

A.

Modifications to an approved Site Development Plan which do not substantially change the design or nature of the original Site Development Plan and have no significant adverse impact upon neighboring properties, the public, or persons who will occupy or use the proposed development may be processed as one of the following based upon the scope and impact of the change:

1.

a Record Change/Record Drawing; or,

2.

a Minor Revision to a Site Development Plan; or,

3.

a Site Development Plan Amendment.

An application for modification of a Site Development Plan following the requirements of the UDC Development Manual shall be submitted to the Planning Department identifying the requested revisions and/or modifications.

B.

The Director shall publish requirements within the Development Manual for all modifications to approved plans.

C.

All other revisions or modifications to an existing Site Development Plan that do not meet the provisions of Subsections A. or B. above shall be processed as a new Site Development Plan application.

D.

Approval of a new Site Development Plan or Site Development Plan Amendment application shall void the previously approved Site Development Plan. A Minor Revision to a Site Development Plan, or a Record Change/Record Drawing shall directly update and be applied to the original Site Development Plan.

(Ord. No. 2015-48, § 2(Exh. A), 9-22-2015; Ord. No. 2025-08, § 2(Exh. A), 3-11-2025)

A.

A Site Development Plan shall expire 24 months after the date that the Site Development Plan was approved, unless:

1.

A Building Permit application has been approved or, if no Building Permit is required, a Certificate of Occupancy has been issued.

2.

In case of projects where more than one building or phase is to be built, the applicant may submit a series of Building Permit applications. The first application must be approved within 24 months from the date Site Development Plan approval is granted. Each subsequent application must be approved within 24 months from the date of issuance of a Certificate of Occupancy, conditional or otherwise, by the Building Official for the previous phase of the development.

3.

Except as provided for within this Section, a lapse of a period greater than those set forth above causes the related approvals or permits to expire and be of no further force and effect. Any further action shall require a new application and approval.

B.

Site Development Plan Extension.

Prior to expiration of an approved Site Development Plan, an applicant may request a one-time extension of the Site Development Plan approval for a period of 24 months if the Director determines such extension will have no negative impacts on the surrounding area and would not be contrary to the public interest. A request for Site Development Plan extension shall follow the procedures set forth for such in the UDC Development Manual.

C.

Site Development Plan Reinstatement.

In the event a Site Development Plan approval expires, an applicant may seek a one-time reinstatement of the approved Site Development Plan, without modification, subject to the provisions below. Such reinstatement may be granted by the Director for a period not to exceed 24 months. A request for Site Development Plan reinstatement shall follow the procedures set forth for such in the UDC Development Manual.

1.

The reinstatement must be requested within 24 months of the expiration date of the approved Site Development Plan.

2.

The regulations applicable to the project per the Code currently in effect may not be determined to be significantly different from those applied to the original approval of the Site Development Plan, such that a new application for the same plan would be substantially the same.

3.

The circumstances of the adjacent properties, roadways and subject property shall have remained the same, so as to not change the requirements applicable to the property. Such circumstances could include, but not be limited to, a change of zoning in the subject or adjacent properties, a change in the boundary of the subject property, a change in classification of the adjacent roadway or neighboring construction affecting landscape buffers.

D.

The Director shall have the authority to determine if a Site Development Plan Extension or Reinstatement meets the criteria for processing and approval.

(Ord. No. 2015-48, § 2(Exh. A), 9-22-2015)

A Zoning Verification Letter, as defined in 3.10.020, may be obtained upon written request as outlined in the Development Manual.

(Ord. No. 2017-15, § 2, 2-28-2017)

A Zoning Verification Letter is a letter that indicates to a property owner that a specified use, clearly identified in the application, is permitted within the Zoning District. A Zoning Verification Letter does not authorize the property owner to proceed with a development; does not specify requirements that must be met for future development; and does not include a determination that a tract of land may be developed.

(Ord. No. 2017-15, § 2, 2-28-2017)

The following temporary uses may not be commenced until the applicant obtains a Temporary Use Permit from the Building Official. The permit specifies the specific use, the period of time for which it is approved, and any special conditions attached to the approval. The provisions of this section relating to Temporary Use Permits are adopted in accordance with Texas Local Government Code ch. 211 and the City Charter.

The following uses may be permitted, subject to the issuance of a Temporary Use Permit:

A.

Pumpkins, Christmas trees, and other seasonal product sales. No permit shall be required for such uses operated as part of a school or place of worship.

B.

Sales offices and model homes, pursuant to the standards set forth in Section 5.08.020.

C.

Temporary parking lots, pursuant to the standards set forth in Section 5.08.020 and subject to 3.11.020.

D.

Business offices or sales facilities where construction of a permanent facility is being diligently completed, pursuant to the standards set forth in Section 5.08.020.

E.

Construction field offices, pursuant to the standards set forth in Section 5.08.020.

F.

Private farmer's markets, pursuant to the standards set forth in Section 5.08.020.

G.

Temporary manufacturing of concrete products, pursuant to the standards set forth in Section 5.08.020.

H.

Temporary Mobile or outdoor food vendor, pursuant to City Code Section 8.12.

I.

Offsite construction staging, pursuant to the standards set forth in Section 5.08.020.

J.

Portable classrooms, pursuant to the standards set forth in Section 5.08.020.

K.

Temporary storage facility located on a property affected by a natural disaster, pursuant to the standards set forth in Section 5.08.020.

L.

Noise permits, pursuant to City Code Section 8.16.050.

M.

Similar temporary uses which, in the opinion of the Director, are compatible with the district and surrounding land uses.

(Ord. No. 2018-61, § 2(Exh. A), 10-9-2018; Ord. No. 2023-44, § 4(Exh. B), 8-22-2023)

Review of a Temporary Use application shall follow the procedure set forth in Section 3.03.050.

The Director may determine if a Site Development Plan companion application is necessary for applications pursuant to 3.11.010.E; and, is authorized to waive the requirement for such a companion application.

(Ord. No. 2023-44, § 4(Exh. B), 8-22-2023)

In addition to the general criteria for consideration of administrative procedures in Subsections 3.03.040.D.1., the Director shall consider whether the application complies with the following standards:

A.

Land Use Compatibility.

The Temporary Use must be compatible with the purpose and intent of this Unified Development Code and the zoning district in which it will be located. The Temporary Use shall not impair the normal, safe, and effective operation of a permanent use on the same site. The temporary use shall not endanger or be materially detrimental to the public health, safety, or welfare or injurious to property or improvements in the immediate vicinity of the temporary use, given the nature of the activity, its location on the site, and its relationship to parking and access points.

B.

Compliance with Other Regulations.

A Building Permit or Temporary Certificate of Occupancy may be required, as determined by the Building Official, before any structure used in conjunction with the Temporary Use is constructed or modified. All structures and the site as a whole shall meet applicable Building and Fire Code standards as well as any provisions of this Code for such Temporary Use. Upon cessation of the Temporary Event or Use, any structures associated with the temporary use shall be promptly removed and the site shall be returned to its previous condition (including the removal of all trash, debris, signage or other evidence of the temporary use).

C.

Duration.

The duration of the Temporary Use shall be established by the Building Official at the time of approval of the Temporary Use Permit, pursuant to any provisions of Chapter 5 applicable to the Temporary Use. In the event no time limit is established, the duration shall be a period not to exceed 90 days.

D.

Traffic Circulation.

The Temporary Use shall not cause undue traffic congestion or accident potential, as determined by the Development Engineer, given anticipated attendance and the design of adjacent streets, intersections, and traffic controls.

E.

Off-Street Parking.

Off-street parking shall be provided in accordance with Table 9.02.030.A for the Temporary Use, and it shall not create a parking shortage for any of the other existing uses on the site.

F.

Public Conveniences and Litter Control.

Adequate on-site rest room facilities may be required. Adequate on-site solid waste containers may also be required. The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed at no expense to the City.

G.

Appearance and Nuisances.

The Temporary Use shall be compatible in intensity, appearance, and operation with surrounding land uses in the area, and it shall not unduly impair the usefulness, enjoyment, or value of adjacent property due to the generation of excessive noise, dust, smoke, glare, spillover lighting or other forms of environmental or visual pollution.

H.

Signs.

The Building Official shall review all signage in conjunction with the issuance of the permit. Such signage shall be in accordance with the requirements of this Code.

I.

Other Conditions.

The Building Official may establish any additional conditions deemed necessary to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including, but not limited to, restrictions on hours of operation, temporary arrangements for parking and traffic circulation, requirements for screening/buffering, and guarantees for site restoration and cleanup following the Temporary Use.

J.

Revocation.

The Building Official may revoke a Temporary Use Permit if it is determined that:

1.

The applicant has misrepresented any material fact on his or her application or supporting materials.

2.

The temporary use fails or ceases to comply with applicable standards or criteria for issuance of a permit.

3.

The operation of the temporary use violates any statute, law ordinance, or regulation.

4.

The operation of the temporary use constitutes a nuisance or poses a real or potential threat to the health, safety, or welfare of the public.

The Building Official is responsible for final action on all Temporary Use Permits.

A Master Sign Plan shall be required for all multiple-tenant buildings, Planned Unit Developments, and all multi-building or multi-occupant commercial developments before any signs for such development may be erected on the property. All owners, tenants, subtenants, and purchasers of individual units within the development shall comply with the approved Master Sign Plan.

A.

Review of a Master Sign Plan shall follow the procedure set forth in Section 3.03.050, save and except a Master Sign Plan for property located in a historic overlay district.

B.

Review of a Master Sign Plan for property in a historic overlay district shall follow the procedure set forth in Section 3.13 of this Code.

(Ord. No. 2015-34, § 2(Exh. A), 5-12-2015)

In addition to the general review criteria in Section 3.03.050.D or 3.13 for property in a historic overlay district, the Building Official or Historic Preservation Officer, as applicable, shall determine the following in order to approve the Master Sign Plan:

A.

The plan provides that signs of a similar type and function within the development will have a consistent building material;

B.

The plan provides for signs that meet the size limitations, location requirements, and other applicable requirements of this Unified Development Code; and

C.

Plans for property located in a historic overlay district shall be in keeping with the adopted Historic District Design Guidelines.

(Ord. No. 2015-34, § 2(Exh. A), 5-12-2015; Ord. No. 2019-21, § 2(Exh. A), 4-9-2019; Ord. No. 2021-53, § 5(Exh. D), 7-27-2021)

A.

The Building Official is responsible for final action on Master Sign Plans, save and except Master Sign Plans for property located in a historic overlay district.

B.

The Historic Preservation Officer is responsible for final action on Master Sign Plans for property located in a historic overlay district.

C.

A sign permit for all signs in the Master Sign Plan shall also be required in accordance with Section 3.18.

(Ord. No. 2015-34, § 2(Exh. A), 5-12-2015; Ord. No. 2019-21, § 2(Exh. A), 4-9-2019)

A Master Sign Plan shall expire 24 months after the date that the Master Sign Plan was approved unless:

A.

A Building Permit application has been approved or if no Building Permit is required, a Certificate of Occupancy or equivalent has been issued.

B.

In case of projects where more than one building or phase is to be built, the applicant may submit a series of Building Permit applications. The first application must be approved within 12 months from the date Site Development Plan approval is granted. Each subsequent application must be submitted within 24 months from the date of issuance of a Certificate of Occupancy by the Building Official for the previous phase of the development.

(Ord. No. 2015-48, § 2(Exh. A), 9-22-2015)

A.

Pursuant to the authority granted to the City by Texas Local Government Code ch. 211 and the City Charter, a Certificate of Appropriateness is required in accordance with Table 3.13.010 below. Activities that include more than one project (scope of work) shall be subject to the review process and criteria for approval for each specific project as identified in Table 3.13.010.

Table 3.13.010: Certificate of Appropriateness Required

^* Only applicable to a street facing facade

† Only applicable to fences along a street lot line or located in a street yard

‡ CLG demo delay period and Demolition Subcommittee review not applicable

± Material that is intended to replace a historic material or feature that is either the same or a similar material, and the result will match all visual aspects, including form, color, and workmanship in order to retain the original design of the structure, may be permitted by the identified decision maker for medium and low priority resources.

B.

Exemptions.

A Certificate of Appropriateness shall not be required for the following:

1.

Ordinary maintenance and repair, as this term is defined in Chapter 16 of this Code.

2.

Interior construction or alterations provided the alterations do not alter the exterior wall of the building.

3.

New additions to existing single-family and two-family structures provided the addition does not create or add to a street facing facade, and the addition in combination with the existing building is in compliance with the zoning standards of the historic overlay district.

4.

New, modifications or removal of existing awnings (to include changes in color), canopies, exterior paint color or exterior lighting that are attached to a single-family or two-family residential structure provided the alterations do not alter the exterior wall of a building designated as a historic landmark.

5.

Demolition of a building or structure that the Building Official has declared a dangerous structure in accordance with Chapter 15.40 of the City Code, as amended, or determined that demolition is necessary for the preservation of the public health, safety and welfare.

a.

Should the Building Official declare a building a dangerous structure or determine that demolition is necessary for the preservation of public health, safety and welfare, the Building Official shall coordinate with the Historic Preservation Officer and property owner to identify historic and significant architectural features that are unique to the building or structure, era or district and that may be salvaged.

b.

The Historic Preservation Officer shall create a record of the building or structure to be demolished through archival-quality photo-documentation, drawings, and other information similar to those required by the Historic American Buildings Survey. The list of identified historic and significant architectural features to be salvaged shall also be made part of this record.

6.

New fence, railing or wall that is consistent with the overlay district's characteristics and applicable guidelines.

7.

Site alterations and other hardscape features provided that these do not alter a building or structure designated as a Historic Landmark or that is a contributing historic structure to the Historic Overlay District.

C.

No Building Permit shall be issued by the Building Official for any building or structure designated as a Historic Landmark or that is located in a Historic Overlay District until the application for such permit has been reviewed and approved by the Historic and Architectural Review Commission or the Historic Preservation Officer, as applicable, and the project, as proposed, is in compliance with all other applicable regulations of this Code.

(Ord. No. 2015-34, § 2(Exh. A), 5-12-2015; Ord. No. 2019-21, § 2(Exh. A), 4-9-2019)

A.

Review Process.

1.

Initiation.

Initiation of a certificate of appropriateness to the Historic Preservation Officer may be made upon application by the property owner of the affected property or their authorized agent following the established application processes and requirements of this Chapter.

2.

Application Completeness.

a.

The applicant shall submit all of the information and materials required in the UDC Development Manual as specified on the applicable certificate of appropriateness checklist.

b.

The Historic Preservation Officer shall determine that a complete application has been submitted with all material necessary to review the Certificate of Appropriateness' conformance with applicable criteria for approval in accordance with this Code.

3.

Staff Review.

Once a Certificate of Appropriateness has been initiated and the application deemed complete, the Historic Preservation Officer shall review the application for consistency with any applicable criteria for approval.

4.

Responsibility for Final Action.

a.

The Historic Preservation Officer is responsible for final action on a Certificate of Appropriateness for certain projects as specified in Section 3.13.010 of this Code.

b.

Should the Historic Preservation Officer be unable to approve the request, the Historic Preservation Officer may forward the request to the Historic and Architectural Review Commission for review and final action at the next available meeting following public notification in accordance with Section 3.03 of this Code.

B.

Criteria for Approval.

The Historic Preservation Officer shall determine whether to grant a Certificate of Appropriateness based on the following criteria:

1.

The application is complete and the information contained within the application is correct and sufficient enough to allow adequate review and final action;

2.

Compliance with applicable design and development standards of this Code;

3.

Compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties to the most extent practicable;

4.

Compliance with the adopted Historic District Design Guidelines, as may be amended from time to time, specific to the applicable Historic Overlay District; and

5.

The overall character of the applicable Historic Overlay District and the building or structure is preserved, and the design is compatible with the Historic Overlay District.

6.

The sign is in keeping with the adopted Historic District Design Guidelines and character of the Historic Overlay District.

(Ord. No. 2015-34, § 2(Exh. A), 5-12-2015; Ord. No. 2019-21, § 2(Exh. A), 4-9-2019; Ord. No. 2021-53, § 6(Exh. E), 7-27-2021)

A.

Review Process.

1.

Initiation.

Initiation of a Certificate of Appropriateness to the Historic and Architectural Review Commission may be made upon application by the property owner of the affected property or their authorized agent following the established application processes and requirements of this Chapter.

2.

Application Completeness.

a.

The applicant shall submit all of the information and materials required in the UDC Development Manual as specified on the applicable Certificate of Appropriateness checklist.

b.

The Historic Preservation Officer shall determine that a complete application has been submitted with all material necessary to review the Certificate of Appropriateness' conformance with applicable criteria for approval in accordance with this Code.

3.

Staff Review.

a.

Once a Certificate of Appropriateness has been initiated and the application deemed complete, the Historic Preservation Officer shall review the application for consistency with any applicable criteria for approval.

b.

The Historic Preservation Officer shall prepare a report to the Historic and Architectural Review Commission.

c.

The Historic Preservation Officer's report shall include a recommendation for final action.

4.

Responsibility for Final Action.

a.

The Historic and Architectural Review Commission shall review the application, the Historic Preservation Officer's report, conduct a hearing in accordance with the Historic and Architectural Review Commission's established procedures and State law, and take final action on the application within 35 days of the application hearing unless the applicant agrees to extend the time.

b.

An application before the Historic and Architectural Review Commission shall be considered approved by a majority vote of all members of the Historic and Architectural Review Commission.

B.

Criteria for Approval.

The Historic and Architectural Review Commission shall determine whether to grant a Certificate of Appropriateness based on the following criteria:

1.

The application is complete and the information contained within the application is correct and sufficient enough to allow adequate review and final action;

2.

Compliance with applicable design standards of this Code;

3.

Compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties to the most extent practicable;

4.

Compliance with the adopted Historic District Design Guidelines, as may be amended from time to time, specific to the applicable Historic Overlay District;

5.

The general historic, cultural, and architectural integrity of the building, structure or site is preserved;

6.

New buildings or additions are designed to be compatible with surrounding properties in the applicable historic overlay district;

7.

The overall character of the applicable historic overlay district is protected; and

8.

The Master Sign Plan is in keeping with the adopted Historic District Design Guidelines and character of the historic overlay district.

C.

Additional Criteria for Approval for Building Height Modification.

1.

Applicants requesting exceptions to the building height standards set forth in Section 4.08.020.A must submit documentation to HARC that the following standards will be met if the requested exception to the height standards is approved:

a.

The proposed building or addition shall not obscure views to and from the Courthouse or overwhelm or detract from views of the Town Square Historic District;

b.

The proposed building or addition shall be compatible with the height, scale, massing, and volume reflected in the Downtown Overlay District, and the historic character of the District; and

c.

The proposed building shall be an extraordinary contribution to the aesthetic and economic goals of the Downtown Master Plan.

2.

The documentation required by Section 3.13.030.C.1 must include, at a minimum, the following information:

a.

A visual analysis that identifies:

i.

The extent to which the building would impact views to and from the Courthouse, and to what extent the building will be visible from four directions; and

ii.

How the building will relate to the context of the surrounding structures and the character of the district; and

b.

A summary of the conclusions of the visual analysis as to how the proposed building will impact the District, specifically the immediate surroundings.

3.

HARC may grant a request for a variation in height from the standards set forth in Section 4.08.020.A only if it determines that the following goals or purposes will still be achieved:

a.

Views to and from the Courthouse and to and from the Town Square Historic District will be protected; and

b.

The character of the Downtown Overlay District and the Town Square Historic District will be defined, reinforced, and preserved; and

c.

The relationship of the proposed project to the existing structures in the immediate vicinity remains consistent; and

d.

The proposed project allows for the best utilization of redevelopment in the Downtown Overlay District and the Town Square Historic District; and

e.

The proposed project protects the historic buildings in the Downtown Overlay District.

D.

Additional Criteria for Approval of a Setback Modification.

1.

The Historic and Architectural Review Commission may grant a Certificate of Appropriateness, per Section 4.08.080.D of this Code, to modify the setback standards of the underlying base zoning district for residential properties located within the Old Town Overlay District.

2.

HARC may take in consideration the following in determining whether to approve a Certificate of Appropriateness for a setback exception:

a.

Whether the proposed setback encroachment is solely a matter of convenience;

b.

Whether there is adequate room on the site to allow the proposed addition or new structure without encroaching into the setback;

c.

Whether the proposed setback is compatible and in context within the block in which the subject property is located;

d.

Whether the proposed addition or new structure will be set closer to the street than other units within the block;

e.

Whether the proposed structure is replacing a structure removed within the past year;

f.

Whether the proposed structure will replace a structure that previously existed with relatively the same footprint and encroachment as proposed;

g.

If the proposed encroachment is for a structure that is replacing another structure, whether the proposed structure is significantly larger than the original;

h.

If the proposed encroachment is for an addition, the scale of the addition compared to the original house;

i.

The size of the proposed structure compared to similar structures within the same block;

j.

Whether the proposed addition or new structure will negatively impact adjoining properties, including limiting their ability to maintain existing buildings;

k.

Whether there is adequate space for maintenance of the proposed addition or new structure and/or any adjacent structures; and/or

l.

Whether the encroachment would enable existing large trees or significant features of the lot to be preserved.

E.

Additional Requirements for Relocation, Removal or Demolition of a Historic Landmark or Contributing Historic Structure.

In addition to the staff review process established in Section 3.13.030.A, applications for a Certificate of Appropriateness for the relocation, removal or demolition of a building or structure designated as a Historic Landmark or contributing historic structure shall be subject to the following additional review:

1.

Demolition Delay Period Certified Local Government (CLG) Program.

a.

Upon deeming the application complete, requests for a Certificate of Appropriateness for demolition of a Historic Landmark or contributing historic structure shall be subject to a 60-day demolition delay period. The Historic and Architectural Review Commission shall not take action on a request for demolition until the 60-day demolition delay period is complete.

b.

During this 60-day delay period, the applicant shall coordinate with the Historic Preservation Officer to reach a satisfactory resolution that preserves the building or structure, or that preserves historic and significant architectural features that are unique to the building or structure, era or district.

c.

The Historic Preservation Officer shall coordinate with local, county and other historic organizations to explore possibilities for preserving, to include the possible relocation of the structure.

d.

The Historic Preservation Officer shall present the findings and resolution, if applicable, to the Historic and Architectural Review Commission with the request.

2.

Demolition Subcommittee Review.

a.

No later than the 30th day from deeming the application complete, the Historic and Architectural Review Commission's Demolition Subcommittee shall complete a walk-through of the building or structure proposed to be demolished or relocated with the Historic Preservation Officer and the applicant.

b.

The Demolition Subcommittee shall review the application and analyze the building or structure to determine possibility of preservation and restoration, and appropriateness for demolition or relocation. In the event of demolition, the Demolition Subcommittee shall also create a list of historic salvageable materials identified during the walk-through.

c.

The Demolition Subcommittee's report shall include a recommendation for final action.

3.

Responsibility of Final Action.

a.

In addition to the application, and the Historic Preservation Officer's report the Historic and Architectural Review Commission shall review the recommendation by the Demolition Subcommittee, conduct a hearing in accordance with the HARC's established procedures and state law, and take final action on the application within 35 days of the application hearing unless the applicant agrees to extend the time.

b.

As conditions of approval, the Historic and Architectural Review Commission may require historic materials to be salvaged, archival-quality photo-documentation, and/or architectural drawings of the building or structure proposed to be demolished or relocated similar to those required by the Historic American Buildings Survey to be submitted to the Historic Preservation Officer.

F.

Criteria for Approval for Relocation, Removal or Demolition of a Historic Landmark or Contributing Historic Structure.

1.

The Historic and Architectural Review Commission shall use circumstances or items that are unique to the building or structure proposed to be relocated, removed or demolished when reviewing the application.

2.

The Historic and Architectural Review Commission shall make the following findings when considering a request for demolition or relocation of a structure:

a.

Loss of Significance.

i.

The applicant has provided information that the building or structure is no longer historically, culturally or architecturally significant, or is no longer contributing to the historic overlay district; and

ii.

The applicant has established that the building or structure has undergone significant and irreversible changes, which have caused the building or structure to lose the historic, cultural or architectural significance, qualities or features which qualified the building or structure for such designation; and

iii.

The applicant has demonstrated that any changes to the building or structure were not caused either directly or indirectly by the owner, and were not due to intentional or negligent destruction, or lack of maintenance rising to the level of a demolition by neglect; and

iv.

Demolition or relocation of the building or structure will not cause significant adverse effect on the historic overlay district or the City's historic resources; or

b.

Unreasonable Economic Hardship.

i.

The applicant has demonstrated that the property owner cannot take reasonable, practical or viable measures to adaptively use, rehabilitate or restore the building or structure, or make reasonable beneficial use of, or realize a reasonable rate of return on a building or structure unless the building or structure may be demolished or relocated; and

ii.

The applicant must prove that the structure cannot be reasonably adapted for any other feasible use, which would result in a reasonable rate of return; or

c.

There is a compelling public interest that justifies relocation, removal or demolition of the structure.

3.

Relocation of a Structure to a Historic Overlay District.

In the event the building or structure is proposed to be relocated to a property in a Historic Overlay District, in addition to the above, the applicant must demonstrate the following with the application:

a.

The architectural compatibility of the relocated building or structure with adjacent buildings according to the applicable Historic District Design Guidelines and UDC standards for new construction; and

b.

The proposed siting, setback and other applicable site-specific treatments according to pertinent Historic District Design Guidelines and UDC standards of the applicable historic overlay district; and

c.

Relocation will not damage existing contributing historic buildings or structures, or the character of the Historic Overlay District.

(Ord. No. 2015-34, § 2(Exh. A), 5-12-2015; Ord. No. 2019-21, § 2(Exh. A), 4-9-2019; Ord. No. 2021-53, § 6(Exh. E), 7-27-2021)

A.

Demolition, including demolition by neglect, of a building or structure prior to approval of a Certificate of Appropriateness by the Historic and Architectural Review Commission, when required, shall be subject to an automatic hold on all permits. No permit may be granted until this period is complete and the Historic and Architectural Review Commission has granted a Certificate of Appropriateness for the demolition of the remaining building or structure, if applicable.

B.

The permit delay period shall be determined by the Historic and Architectural Review Commission, but in no case shall it exceed 365 days.

C.

The Certificate of Appropriateness for the demolition of the remaining building or structure, if applicable, shall be reviewed and final action taken by the Historic and Architectural Review Commission concurrently with the determination of the longevity of the permit hold period.

D.

During this delay period, the applicant shall provide the following information to the Historic Preservation Officer:

1.

Documentation regarding the original and existing condition of the building or structure, to include structural integrity and the extent of work necessary to stabilize the building or structure.

2.

Site development plan (or plot plan) identifying proposed development on site following demolition of the building or structure.

3.

List of any salvageable materials, and a plan offering donation or sale of the remaining building or structure and any salvageable materials identified.

E.

In the event of demolition by neglect, the applicant shall complete any work required to stabilize and arrest further deterioration of the building or structure.

(Ord. No. 2015-34, § 2(Exh. A), 5-12-2015; Ord. No. 2019-21, § 2(Exh. A), 4-9-2019)

A.

It shall be the responsibility of the Historic Preservation Officer to issue the actual Certificate of Appropriateness following approval by the Historic Preservation Officer or the HARC, with any designated conditions, and to maintain a copy of the Certificate of Appropriateness, together with the proposed plans. The certificate shall be forwarded to the Building Official. These shall be public documents for all purposes.

B.

Work performed pursuant to the issuance of a certificate of appropriateness shall conform to the requirements of the certificate. In the event that work is not in compliance, the Building Official shall issue a stop work order and/or citation as prescribed by ordinance.

(Ord. No. 2015-34, § 2(Exh. A), 5-12-2015; Ord. No. 2019-21, § 2(Exh. A), 4-9-2019)

No application for the same project shall be considered within 180 days of the rejection or disapproval by the Historic and Architectural Review Commission or Historic Preservation Officer, as applicable, of an application. The applicant may submit a design for an entirely new project or a revised design that substantially responds to the reasons for denial as set forth by the Historic and Architectural Review Commission or Historic Preservation Officer, as applicable, at any time.

(Ord. No. 2015-34, § 2(Exh. A), 5-12-2015; Ord. No. 2019-21, § 2(Exh. A), 4-9-2019)

A.

A Certificate of Appropriateness, except as noted below, expires if the work authorized by the Certificate of Appropriateness is not commenced within 24 months from the date of the final action to approve the request. In the case of a phased project, after the initial phase is complete or a Certificate of Occupancy has been issued, each subsequent phase shall commence within 24 months of the completion or Certificate of Occupancy of the prior phase. The Historic Preservation Officer may extend the time commencement of work upon written request by the applicant.

B.

A Certificate of Appropriateness for relocation, removal or demolition expires if a permit for relocation or demolition has not been issued within 180 days or, if a permit is not required, the work authorized by the Certificate of Appropriateness is not commenced within 180 days from the date of the final decision to approve the request. The Historic Preservation Officer may extend the time for commencement of work upon written request of the applicant.

(Ord. No. 2015-34, § 2(Exh. A), 5-12-2015)

A person aggrieved by a final action of the Historic and Architectural Review Commission on a Certificate of Appropriateness may appeal to the City Council, pursuant to the procedures set forth below. Such appeal shall be submitted to the Historic Preservation Officer within 30 days of the final action.

Appeals from an administratively issued Certificate of Appropriateness will be processed through the Historic and Architectural Review Commission, subject to the procedures established for new applications and set forth below. Such appeal shall be submitted to the Historic Preservation Officer within 30 days of the administrative action.

A.

Appeal Hearing.

The hearing shall be set for the next available City Council or HARC meeting, subject to the provision of public notification. Notification shall be provided in the same manner as the initial certificate of appropriateness.

B.

Burden of Proof in Appeals.

When an appeal is considered by the City Council or HARC, the final action by the original reviewing authority is presumed to be valid. The person filing the appeal shall present sufficient evidence and have the burden to justify a reversal of the action being appealed.

C.

Findings and Conclusions.

All findings and conclusion necessary to the appeal decision shall be based upon reliable evidence. Competent evidence (evidence admissible in a court of law) will be preferred whenever reasonably available, but in no case may findings be based solely upon incompetent evidence unless competent evidence is not reasonably available, the evidence in question appears to be particularly reliable, and the matter at issue is not seriously disputed. In exercising its authority, as an appellate body the City Council or HARC may reverse or affirm, in whole or in part the original order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the City Council or HARC, as an appellate body, has the same authority as the original reviewing authority.

D.

Decision on Appeal.

As an appellate body the City Council or HARC shall review the application, the staff report and meeting minutes, conduct a hearing in accordance with established procedures and state law, and take final action on the appeal by a majority vote of City Councilmembers or members of HARC. In the event of a tie of the City Councilmembers, the Mayor shall vote as permitted in the City Charter.

(Ord. No. 2015-34, § 2(Exh. A), 5-12-2015; Ord. No. 2019-21, § 2(Exh. A), 4-9-2019)

Pursuant to the authority granted to the City by Texas Local Government Code ch. 211, the City Charter, the City Council and this Code, the Zoning Board of Adjustment may hear and decide an Appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of zoning regulations contained in this Code.

(Ord. No. 2023-44, § 4(Exh. B), 8-22-2023)

A.

Initiation.

Within 30 days after the date of the administrative decision, any person specified by state law may appeal an administrative decision to the Zoning Board of Adjustment.

B.

Content of Notice of Appeal.

The notice of appeal must specifically set forth all grounds for appeal.

C.

Effect of Appeal.

An Appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the Appeal is taken certifies in writing to the Board the facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the Board or a court of record, after notice to the official and if due cause is shown.

(Ord. No. 2023-44, § 4(Exh. B), 8-22-2023)

The Zoning Board of Adjustment shall consider whether the Director of Planning and Development or other administrative official's action was appropriate considering the details of the case and the requirements contained in this Unified Development Code. The Board or Commission will make its decision based on this Unified Development Code and the information presented to the Board or Commission by the applicant and the Director or other Administrative Official.

A.

Appeal Hearing.

The Zoning Board of Adjustment shall set a reasonable time for hearing the Appeal and shall give notice to the parties and to the public. Each Appeal must be heard by at least 75 percent (75%) of the members of the Board.

B.

Burden of Proof in Appeals.

When an Appeal is taken to the Zoning Board of Adjustment, the Director's or other Administrative Official's action is presumed to be valid. The applicant shall present sufficient evidence and have the burden to justify a reversal of the action being appealed. The Director may present evidence and argument to the contrary.

C.

Findings and Conclusions.

All findings and conclusions necessary to the permit or Appeal decision shall be based upon reliable evidence. Competent evidence (evidence admissible in a court of law) will be preferred whenever reasonably available, but in no case may findings be based solely upon incompetent evidence unless competent evidence is not reasonably available, the evidence in question appears to be particularly reliable, and the matter at issue is not seriously disputed. In exercising its authority, the Board may reverse or affirm, in whole or in part or modify the Administrative Official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Board has the same authority as the Administrative Official.

(Ord. No. 2023-44, § 4(Exh. B), 8-22-2023)

The Board shall review the application, the Director's report, conduct a Hearing in accordance with the Board's established procedures and State law, and take final action on the application. It shall require a concurring vote of three-fourths vote of all members of the Zoning Board of Adjustment to overturn an administrative decision.

(Ord. No. 2023-44, § 4(Exh. B), 8-22-2023)

A.

Zoning Variance.

In accordance with the provisions of the Texas Local Government Code chs. 211 and 216, the Zoning Board of Adjustment (Board) shall have the authority to hear and grant requests for a Variance from the zoning provisions and sign regulations of this Unified Development Code. A Variance to the development standards of this Code shall be considered an exception to the regulations, rather than a right.

A Zoning Variance differs from a Subdivision Variance, which applies to certain regulations pertaining to subdivision of land and must be requested from the Planning & Zoning Commission during the subdivision review process.

B.

Special Exceptions.

In accordance with the provisions of Texas Local Government Code ch. 211, the Zoning Board of Adjustment shall also have the authority to hear and decide Special Exceptions to the terms of this Code when the Code requires the Board to do so.

(Ord. No. 2017-15, § 2, 2-28-2017; Ord. No. 2020-08, § 2(Exh. A), 1-28-2020)

A.

Initiation.

Initiation of a request for a Zoning Variance or Special Exception may be made upon application by the property owner of the affected property or their authorized agent.

B.

Application.

Application for a Zoning Variance or Special Exception must comply with the UDC Development Manual. Applications must include all materials determined necessary by the Director.

C.

Completeness Determination.

Upon submission on an application, the Director shall determine whether the application is complete, as described in Section 3.02.040.

D.

Staff Review.

1.

Once an application for a Zoning Variance or Special Exception request has been received and the application deemed complete, the Director shall review the application, considering any applicable criteria for approval, and prepare a report to the Zoning Board of Adjustment.

2.

The Director may establish procedures for administrative review necessary to ensure compliance with this Code and State statutes.

3.

The Director may assign staff to review the application and make a preliminary report to the Director.

4.

The Director's report may include a recommendation for final action.

E.

Notice and Hearing.

1.

The Zoning Board of Adjustment shall hold a public hearing for consideration of the Zoning Variance or Special Exception request on the next available regular scheduled meeting after the date of the application is filed.

2.

Written notice of the public hearing for a Zoning Variance or Special Exception shall be provided as set forth in Section 3.03 of this Code.

3.

The applicant may appear at the hearing in person or by agent or attorney.

(Ord. No. 2017-15, § 2, 2-28-2017; Ord. No. 2020-08, § 2(Exh. A), 1-28-2020)

A.

Required Findings.

The Zoning Board of Adjustment may authorize a Zoning Variance from the requirements of the zoning provisions and sign regulations of this Unified Development Code if the Variance from the terms of the zoning provisions is not contrary to the public interest and, due to special conditions, a literal enforcement of the requirements would result in unnecessary hardship, so the spirit of this Code is preserved, and substantial justice done. No Zoning Variance shall be granted unless the ZBA finds all of the following:

1.

Extraordinary Conditions.

That there are extraordinary or special conditions affecting the land involved such that strict application of the provisions of this Unified Development Code will deprive the applicant of the reasonable use of their land. For example, a Zoning Variance might be justified because of topographic or other special conditions unique to the property and development involved, while it would not be justified due to inconvenience or financial disadvantage.

2.

No Substantial Detriment.

That the granting of the Zoning Variance will not be detrimental to the public health, safety or welfare or injurious to other property in the area or to the City in administering this Code.

3.

Other Property.

That the conditions that create the need for the Zoning Variance do not generally apply to other property in the vicinity.

4.

Applicant's Actions.

That the conditions that create the need for the Zoning Variance are not the result of the applicant's own actions.

5.

Comprehensive Plan.

That the granting of the Zoning Variance would not substantially conflict with the Comprehensive Plan and the purposes of this Code.

6.

Utilization.

That because of the conditions that create the need for the Zoning Variance, the application of this Code to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property.

7.

Insufficient Findings.

The following types of possible findings do not constitute sufficient grounds for granting a Zoning Variance:

a.

That the property cannot be used for its highest and best use.

b.

That there is a financial or economic hardship, except as authorized in Local Government Code 211.009(b-1).

c.

That there is a self-created hardship by the property owner or their agent.

d.

That the development objectives of the property owner are or will be frustrated.

B.

Limitations.

The Zoning Board of Adjustment may not grant a Zoning Variance when the effect of which would be any of the following:

1.

To allow the establishment of a use not otherwise permitted in the applicable zoning district.

2.

To increase the density of a use above that permitted by the applicable district.

3.

To extend physically a nonconforming use of land.

4.

To change the zoning district boundaries shown on the Official Zoning Map.

C.

Profitability Not to Be Considered.

The fact that property may be utilized more profitably should a Zoning Variance be granted may not be considered grounds for a Zoning Variance.

D.

Limitation on Variances for Signs.

No Variance application(s) shall be accepted for prohibited signs listed in Section 10.04 ("Signs Prohibited Under this Code").

(Ord. No. 2017-15, § 2, 2-28-2017; Ord. No. 2020-08, § 2(Exh. A), 1-28-2020; Ord. No. 2023-44, § 4(Exh. B), 8-22-2023)

If authorized by this Code, the Zoning Board of Adjustment may grant a Special Exception from the requirements of the certain provisions of this Unified Development Code, if the Special Exception is not contrary to the public interest and the spirit of this Code is preserved and substantial justice done. No Special Exception shall be granted unless the ZBA finds the specific criteria identified in this Code are met. The only Special Exceptions that may be granted by the Board are for the following:

• Time extension for an abandoned nonconforming use, pursuant to Subsection 14.01.060.B.7.

• Expansion of nonconforming use, pursuant to Section 14.02.050.

• Right to continue nonconforming use after destruction or damage, pursuant to Subsection 14.02.060.A.

• Abandonment of a nonconforming structure determination, pursuant to Section 14.04.050.

• Expansion of a nonconforming structure, pursuant to Subsections 14.04.080.B. and C.

• Abandonment of a nonconforming site, pursuant to Section 14.05.050.

• A setback exception, pursuant to Subsection 14.05.050.D.

• Expansion of a nonconforming site, pursuant to Subsections 14.05.080.B. and C.

(Ord. No. 2015-34, § 2(Exh. A), 5-12-2015)

A.

Zoning Variance.

Zoning Variance approval shall expire 24 months from the date of ZBA approval unless a Building Permit has been issued and construction commenced or, if no Building Permit is required, a Certificate of Occupancy has been issued.

B.

Special Exception.

A Special Exception shall expire 24 months from the date of Board approval, unless:

1.

A Building Permit application has been issued and construction commenced or, if no Building Permit is required, a Certificate of Occupancy has been issued.

2.

The Board approval extended the 24-month expiration date and provided for an alternative expiration; however, in no case shall the expiration date exceed 36 months.

(Ord. No. 2017-15, § 2, 2-28-2017)

A.

In order to provide a method, to correct human error, allow for minor numerical adjustments, or consider alternative design schemes for particular development standards of this Code, Administrative Exceptions may be permitted. Administrative Exceptions are specified deviations from otherwise applicable development standards where development is proposed that would be:

1.

Compatible with surrounding land uses;

2.

Harmonious with the public interest; and

3.

Consistent with the purposes of this Code.

B.

Administrative Exceptions shall comply with all other provisions of this Code not specifically relieved by the Administrative Exception. Administrative Exceptions expressly permitted in this section may be approved only if meeting the criteria provided in Section 3.16.030.

C.

The Director or the Building Official is responsible for final action on Administrative Exceptions.

D.

An appeal of an Administrative Exception may be made to the Zoning Board of Adjustment in accordance with the rules and authority granted thereto.

A.

The Director or Building Official shall have the authority to determine that the language or a particular development standard in this Code is incorrect, unclear, or otherwise in error and authorize an adjustment or interpretation to correct such error as necessary.

B.

The Director or Building Official shall have the authority to consider and authorize an adjustment up to ten percent (10%) of any numerical standard set forth in this Code, with the following exceptions:

1.

A request for an increase in the number of units permitted on a lot or parcel does not qualify for an Administrative Exception.

2.

Any numerical standard set forth in this Code that has been previously adjusted by way of a City board or commission, Special Exception, Special Use Permit, or other similar process may not be eligible for an Administrative Exception. Accordingly, any adjustment made in conformance with this section may not be allowed further adjustment by any other process allowed in this Code.

3.

Any consideration of a numerical adjustment greater than ten percent (10%) shall require a request for a Variance, per the terms of Section 3.15 of this Code.

C.

The Director or Building Official shall have authority to consider alternative design plan(s) or other uses or requirements for the following situations:

1.

Courthouse view overlay height exception (per Section 4.12.040).

2.

Alternative residential boundary wall (per Section 8.07.060).

3.

Alternative building design plan (per Section 7.04.070).

4.

Alternative landscape standards (per Section 8.05.050).

5.

Alternative parking plan (per Section 9.02.050).

6.

Alternative sign plan (per Section 10.01.090).

7.

Alternative fences (per Section 8.07.080).

8.

Change of use (per Section 14.02.030).

9.

Expansion of nonconforming uses (per Section 14.02.050).

10.

Postponement of required improvements (per Section 14.05.070).

11.

Heritage Tree or Protected Tree Preservation Priority (per Section 8.02.050).

(Ord. No. 2021-62, § 2(Exh. A), 9-14-2021)

To approve an application for an Administrative Exception, the Director or Building Official must determine that the following criteria are met:

A.

That granting the Administrative Exception serves an obvious and needed purpose.

B.

That granting the Administrative Exception will ensure an equal or better level of design or land use compatibility as the otherwise applicable standards.

C.

That granting the Administrative Exception will not materially and adversely affect adjacent land uses and the physical character of uses in the immediate vicinity of the proposed development.

D.

That granting the Administrative Exception will be consistent with the purposes and intent of this Unified Development Code.

The Administrative Exception shall expire if the companion application expires, according to the specified expiration in this chapter. If the Administrative Exception is a stand alone application the approval will expire in 24 months, if the exception is not utilized in a manner consistent with the approval.

To ensure conformance to the stormwater management provisions of this Code, a Stormwater Permit is required prior to any land disturbance, as defined in Section 16.02, except for a single or two-family structure on a legal lot one acre or greater in the City's extraterritorial jurisdiction (ETJ). Approval of a Site Development Plan or Subdivision Construction Plans constitutes approval of a Stormwater Permit. The provisions of this Section related to Stormwater Permitting are adopted pursuant to the authority conferred by the U.S. Environmental Protection Agency, the Texas Commission on Environmental Quality, The Texas Local Government Code chs. 211 and 212, and the City Charter.

(Ord. No. 2015-48, § 2(Exh. A), 9-22-2015; Ord. No. 2017-15, § 2, 2-28-2017)

Review of a Stormwater Permit shall follow the procedure set forth in Section 3.03.040.

A.

The applicant must ensure that the application for a Stormwater Permit was prepared or reviewed, approved, and sealed by a professional engineer licensed in the State of Texas prior to submission to the City, and that the application meets the requirements of the UDC Development Manual.

B.

A Stormwater Permit will be issued after the Development Engineer has determined that the development meets the stormwater and pollution management requirements of Chapter 11.

C.

A Stormwater Permit is conditional upon all applicable related permits required from the Texas Commission on Environmental Quality, the U.S. Environmental Protection Agency or any other State or federal agency being issued by that agency.

D.

A Grading Permit, processed and reviewed as a Stormwater Permit, may be considered by the Development Engineer for vegetation clearing, and site grading. Such a permit may be issued at the discretion of the Development Engineer for specific activities such as understory removal and rough grading, and shall not include removal of protected trees, utility work, paving or foundation. The Development Engineer may revoke the permit and issue a stop-work order if non-compliant.

E.

A Stormwater Permit shall not be issued until an Electric Utility Services Availability Letter, as defined in this Code, has been submitted to the City.

(Ord. No. 2017-15, § 2, 2-28-2017; Ord. No. 2020-40, § 2(Exh. A), 5-12-2020)

Final Action Authority shall be as noted in 2.01.020 of this Code.

(Ord. No. 2017-15, § 2, 2-28-2017; Ord. No. 2023-44, § 4(Exh. B), 8-22-2023)

A Stormwater Permit shall expire 24 months after the date that the permit was issued if the improvements identified in the permit are not constructed.

(Ord. No. 2017-15, § 2, 2-28-2017)

No sign may hereafter be erected, moved, added to or structurally altered within the City or the extraterritorial jurisdiction without a permit issued by the Building Official in conformity with the provisions of this section. No Building Permit issued under the provisions of this Code for signs shall be considered valid unless signed by the Building Official. The provisions of this section relating to sign permits are adopted pursuant to Texas Local Government Code chs. 211, 214, 216, and the City Charter.

Review of a sign permit shall follow the procedures set forth in Section 3.03.050.

In addition to the general criteria for approval of administrative procedures in Subsection 3.03.040.D.1, the Building Official shall base the final action on the following criteria:

A.

Whether the intended sign conforms in all respects with all applicable regulations and standards of this Unified Development Code and any applicable construction or safety standards of the City's adopted building Code.

B.

If the subject property has a Master Sign Plan, Development Agreement or ordinance governing it, whether the plans, specifications, and intended use of such building or structures or part thereof conform in all respects to the Development Agreement or ordinance.

A.

Final Action Authority shall be as noted in 2.01.020 of this Code.

B.

Appeals of Building Official actions regarding sign-related Building Permits are considered by the Zoning Board of Adjustment and must follow the standard appeal of an administrative decision procedure described in Section 3.14.

(Ord. No. 2023-44, § 4(Exh. B), 8-22-2023)

A Sign Permit shall expire six months after issuance if the sign is not constructed in a manner consistent with the permit.

The purpose of a Driveway Access Permit is to determine the safety, mobility, and operational impacts that a proposed access connection will have on the roadway system.

(Ord. No. 2017-15, § 2, 2-28-2017)

Driveway Permits are required for the following:

A.

New driveway locations on roadways within the jurisdictional limits of the City;

B.

Existing driveways on roadways within the jurisdictional limits of the City for those developments which represent a change in property usage or zoning.

C.

For the purposes of this section the jurisdictional limits of the City shall include properties within the municipal limits of the City as well as the extraterritorial jurisdiction (ETJ).

D.

The alteration of a public street curb or drainage facility, if not associated with an approved Construction Plan or Building Permit. Such request shall comply with Chapter 12.08, Street Excavations, of the Georgetown Municipal Code.

(Ord. No. 2017-15, § 2, 2-28-2017)

Review of a Driveway Access Permit shall follow the administrative review procedures set forth in Section 3.03.050, subject to the criteria for approval set forth below.

(Ord. No. 2017-15, § 2, 2-28-2017)

Editor's note— Ord. No. 2017-15, § 2, adopted February 28, 2017, repealed the former Section 3.19.030 in its entirety, which pertained to the Pre-Application Conference, and derived from original codification. Subsequently, Sections 3.19.040—3.19.080 have been redesignated as Sections 3.19.030—3.19.070.

No Driveway Access Permit will be denied unless it is determined by the Development Engineer that the proposed location of the driveway will have an adverse effect upon the public safety. In making this determination the following will be evaluated:

A.

Existing driveways;

B.

Land use (including but not limited to the intensity of development and trip attraction/generation potential, mix of vehicles, and turning movements);

C.

Function of public street (including but not limited to the number of lanes, medians, median openings, vertical and horizontal curvature, sight distance, operating speeds, traffic volumes, entrance/exit ramps, and frontage roads);

D.

The location of nearby streets and driveways;

E.

The Site Plan (including but not limited to on-site circulation, delineation of the intended paths, parking stalls, location of buildings, location of loading areas);

F.

Actual or anticipated excessive increase in vehicular traffic being routed onto streets occurring as a result of any such permit;

G.

Physical constraints on the site including topography and site distance(s);

H.

Unusual lot configurations;

I.

Potential traffic movements which are unsafe or have an adverse effect on traffic operations;

J.

Joint access at the time of subdivision or Site Plan approval for abutting lots which have insufficient frontage to allow a driveway approach for each lot; and

K.

That strict enforcement of the criteria for approval would result in a denial of access for the site.

(Ord. No. 2017-15, § 2, 2-28-2017)

Note— See editor's note at Section 3.19.030.

The Development Engineer will determine during the Pre-Application Meeting if further studies will be required. Such studies may include, but shall not be limited to, the following:

A.

Engineering Study.

1.

An Engineering Study may be required based upon the determination of the Development Engineer. In all cases the City will require only those elements of an Engineering Study that are necessary to answer the specific questions that arise during the review process. The Engineering Study shall conform to standard engineering practices and must be sealed by a Professional Engineer licensed in the State of Texas. The Development Engineer will review the following information in the determination to require an Engineering Study:

a.

Compliance with the minimum spacing requirements of this Code;

b.

Deceleration or acceleration lane required;

c.

Traffic volumes and classification of the intersecting street at the proposed driveway location;

d.

Sight distance or physical obstructions and/or constraints that will result in a safety problem;

e.

Environmental or hydraulic issues associated with the proposed driveway(s); and

f.

Lot configuration.

2.

An Engineering Study shall contain the following information:

a.

Trip generation based upon the latest edition of the ITE Trip Generation Manual unless there is acceptable data that supports the use of another trip generation source.

b.

Trip distribution, to be performed with input from the City.

c.

Traffic assignment to determine the forecasted turning movements attributable to the proposed development.

d.

Traffic volumes if determined by the Development Engineer and subject to the following criteria:

i.

The existing traffic counts will be grown using an annual growth rate as agreed to by the City to the build-out year of the proposed development;

ii.

The resulting traffic volumes will be used as background traffic volumes, and the assigned forecasted turning movements will be added to the background traffic volumes resulting in the total traffic volumes; and

iii.

The total traffic volumes will be used to determine the need for left-turn and right-turn lanes.

B.

Traffic Impact Analysis (TIA).

1.

A TIA may be required based upon the determination of the Development Engineer. In all cases the City will require only those elements of a TIA that are necessary to answer the specific questions that arise during the permitting process.

2.

A TIA shall contain the following information:

a.

All of the information outlined in Subsection 3.19.060.A.2 above.

b.

Operational analysis (level of service, capacity, etc.) for the determined study intersections.

c.

Recommendations for mitigation measures should the impact of the proposed access point(s) result in unacceptable levels of service.

(Ord. No. 2017-15, § 2, 2-28-2017)

Note— See editor's note at Section 3.19.030.

Final Action Authority shall be as noted in 2.01.020 of this Code.

(Ord. No. 2017-15, § 2, 2-28-2017; Ord. No. 2023-44, § 4(Exh. B), 8-22-2023)

Note— See editor's note at Section 3.19.030.

A Driveway Access Permit will expire 18 months after issuance if the driveway is not constructed in a manner consistent with the permit.

(Ord. No. 2017-15, § 2, 2-28-2017)

Note— See editor's note at Section 3.19.030.

A.

An application for a Development Agreement pursuant to Section 212.172 of the Texas Local Government Code seeking to modify or delay certain requirements of this Code (including any manuals adopted by reference by this Code) and/or any other provisions of the City Code of Ordinances in order to present an alternative plan for development that could not otherwise be accomplished under this Code or the Code of Ordinances may be filed in accordance with the terms and conditions of this section.

B.

This section shall apply to any new agreement and any amendments thereto, as well as to any amendments to an existing Development Agreement.

(Ord. No. 2019-01, § 2(Exh. A), 1-8-2019; Ord. No. 2023-44, § 4(Exh. B), 8-22-2023)

A.

Initiation.

Initiation of a Development Agreement or an amendment may be made upon:

1.

Application of a property owner or their authorized agent;

2.

Recommendation of the City Council;

3.

Recommendation of the Planning and Zoning Commission or appropriate board or commission; or

4.

Recommendation of the Director.

B.

Application and Completeness Determination.

Applications shall be reviewed by a Development Agreement Committee ("Committee") which shall be designated by the Director at the time of application to determine the necessary staff for the particular application. The Committee will be established based on the functional areas needed in order to appropriately respond to the request being considered. The Committee may consist of the City's Development Engineer, City Attorney, Finance Director, Community Development Director, Planning Director, Planner(s), Systems Engineering Director, Georgetown Utility Systems representative(s), their designees or any other staff assigned to the Committee.

The Committee shall determine completeness of the application no more than 15 working days following submittal of the application. At that time, the Committee shall also assign staff hourly rates, a payment schedule, and determine if the application is consistent with City policies and advances a legitimate City interest; otherwise, the Committee may reject the application based on such criteria.

C.

Staff Review.

1.

The Committee shall review the application, consider the approval criteria, and assign a project manager to lead the review and prepare a report to the Planning and Zoning Commission and/or appropriate board or commission and City Council.

2.

The Director may establish procedures for administrative review necessary to ensure compliance with this Code and State statute.

3.

The project manager's report may include a recommendation for final action.

D.

Public Notice.

Public notice, in the form of mailed, published, and posted notice, shall be required per the notice provisions of this Code, unless the agreement or amendment thereto is determined by the Committee to be minor, inconsequential, or otherwise unnecessary for public notice and Public Hearings. If notice is required, the Committee shall determine the location and the extent of the notice based on the type and effect of the proposed amendment.

E.

Board or Commission Review.

The Planning and Zoning Commission or other appropriate board or commission, shall hold a Public Hearing, unless determined unnecessary by the Committee, and make a recommendation to the City Council.

F.

City Council Final Action.

1.

The City Council shall hold a Public Hearing, unless determined unnecessary by the Committee, and may take final action on the proposed Development Agreement or amendment.

2.

The Development Agreement or amendment shall become effective in the manner provided by the City Charter or State law.

3.

All outstanding application, staff, and legal fees must be paid in full to the City prior to the adoption of the agreement or amendment.

In determining whether to approve, approve with modifications or disapprove a proposed Development Agreement or amendment, the City Council shall consider the following matters:

1.

The proposed agreement promotes the health, safety or general welfare of the City and the safe orderly, and healthful development of the City.

2.

The proposed agreement is consistent with the Comprehensive Plan.

The purpose of a License to Encroach is to determine the potential impacts of proposed improvements, structures, facilities, and encroachments into a public street, roadway, sidewalk, right-of-way, or easement in order to maintain their safety, mobility, and operational functionality.

A.

A License to Encroach, in the procedures provided for in this section, is required for the following:

1.

New improvements, structures, facilities, and encroachments into a public street, roadway, sidewalk, or right-of-way within the City limits and easements located within the City limits or the extra-territorial jurisdiction.

2.

Existing improvements, structures, facilities and encroachments into a public street, roadway, sidewalk, or right-of-way within the City limits and easements located within the City limits or the extra-territorial jurisdiction.

B.

Those improvements, as defined in Subsection A. above, that encroach into a public street, roadway, or sidewalk shall obtain approval from the City Council, in addition to this license.

Review of a License to Encroach shall follow the administrative review procedures set forth in Section 3.03.040, subject to the criteria for approval set forth below.

(Ord. No. 2017-15, § 2, 2-28-2017)

Editor's note— Ord. No. 2017-15, § 2, adopted February 28, 2017, repealed the former Section 3.21.030 in its entirety, which pertained to the Pre-Application Conference, and derived from original codification. Subsequently, Sections 3.21.040—3.21.080 have been redesignated Sections 3.21.030—3.21.070.

No License to Encroach will be denied unless it is determined by the Development Engineer that the proposed location or type of improvement will negatively impact the function of the public street, roadway, sidewalk, right-of-way, or easement or have an adverse effect upon the health, safety, or welfare of the general public. In making this determination, the following will be evaluated:

A.

The proposed encroachment into a public street, roadway, sidewalk, right-of-way, or easement by any person shall not interfere with the lawful use thereof.

B.

Any proposed construction within a public street, roadway, sidewalk, right-of-way, or easement shall be in accordance with this Code, the City's adopted construction standards, and any other applicable ordinances and regulations.

C.

At any time during the construction of any structure within a public street, roadway, sidewalk right-of-way, or easement:

1.

The applicable public street, roadway, or sidewalk shall be kept open for vehicular and pedestrian traffic in a reasonable manner and sidewalks shall not be obstructed as to prevent the use thereof by pedestrians;

2.

Dirt and other material removed from the construction of any structure within a public street, roadway, sidewalk, right-of-way or easement shall not be allowed to remain on the street or sidewalk and shall be removed immediately at the sole cost, risk, liability, and expense of the licensee;

3.

All excavations and obstructions of any kind that take place during the period of the licensee's construction shall be properly barricaded and well-illuminated during the night, subject to the approval of the Building Official.

(Ord. No. 2017-15, § 2, 2-28-2017)

Note— See editor's note at Section 3.21.030.

Staff may determine further studies will be required. Such studies may include, but are not limited to, an Engineering Study, which may be required at the determination of the Development Engineer. Only the elements of an engineering study that are necessary to answer specific questions that arise during the review process will be required for submittal.

(Ord. No. 2017-15, § 2, 2-28-2017)

Note— See editor's note at Section 3.21.030.

The Development Engineer is responsible for final action on Licenses to Encroach into a public easement. For those requests that encroach into a public street, roadway, sidewalk, or right-of-way, final approval shall be obtained from the City Council.

(Ord. No. 2017-15, § 2, 2-28-2017)

Note— See editor's note at Section 3.21.030.

The City shall provide written notice at least 180 days in advance to the licensee, its representatives, successors, or assigns, to take possession of and use all or any part of the licensed area in the event that such use be reasonably desired or needed by the City for street, sewer, transportation, or any other public or municipal use or purpose. During such time, it is the responsibility of the licensee, its representatives, successors or assigns to remove the encroachment(s). In such an event, the City shall have the right to cancel the revocable license as to that portion of the licensed area so designated and required by the City.

(Ord. No. 2017-15, § 2, 2-28-2017)

Note— See editor's note at Section 3.21.030.

A variance of certain subdivision standards of this Code, as provided for within this Code, may be considered concurrently with a Preliminary Plat, Final Plat, Minor Plat, or Replat to address unforeseen circumstances or other difficulties in developing a property under the specific provisions of this Code. A Subdivision Variance application may be filed without a companion plat application in very limited circumstances if the granting of the variance would eliminate the requirement of the plat, as determined by the Director.

(Ord. No. 2017-15, § 2, 2-28-2017)

Initiation of the Subdivision Variance may be made upon submittal of a complete application by a property owner or their designated agent.

(Ord. No. 2017-15, § 2, 2-28-2017)

The applicant shall submit all of the information required in the UDC Development Manual. The Director is responsible for determining the completeness of an application submitted, pursuant to Section 3.02.040.

(Ord. No. 2017-15, § 2, 2-28-2017)

A.

The Director shall review the application, considering applicable criteria for approval, and prepare a report to the Planning and Zoning Commission.

B.

The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statute.

C.

The Director may assign staff to review the application and make a report to the Director.

D.

The Director's report may include a recommendation for final action.

(Ord. No. 2017-15, § 2, 2-28-2017)

Following notice in accordance with Section 3.03, the Commission shall hold a public hearing in accordance with its rules and state law and consider the Subdivision Variance, Director's report, state law, and compliance with this Code, and take final action. Approval of a Subdivision Variance shall require a super-majority vote of the members present. Any approved Subdivision Variance shall be noted on all corresponding plats, if applicable.

(Ord. No. 2017-15, § 2, 2-28-2017)

A Subdivision Variance may be approved, conditionally approved, or disapproved. At least four of the following factors are required for approval:

A.

That the granting of the variance will not be detrimental to the public health, safety or welfare or injurious to other property in the area or to the City in administering this Code.

B.

That the granting of the variance would not substantially conflict with the Comprehensive Plan and the purposes of this Code.

C.

That the conditions that create the need for the variance do not generally apply to other property in the vicinity.

D.

That application of a provision of this Code will render subdivision of the land impossible.

E.

Where the literal enforcement of these regulations would result in an unnecessary hardship.

(Ord. No. 2017-15, § 2, 2-28-2017)

The Subdivision Variance shall expire if the corresponding plat expires, according to the timing specified in Section 3.08 of this Code.

(Ord. No. 2017-15, § 2, 2-28-2017)

The purpose of a Tree Removal Permit is to determine whether such a tree should be removed based on its species, size, location, health, viability and its impact on the overall site design. Protected and Heritage trees shall not be removed without first securing approval from the City.

(Ord. No. 2021-62, § 2(Exh. A), 9-14-2021)

A.

The provisions of this section shall apply to all property located within the corporate limits and in the extra territorial jurisdiction (ETJ) of the City.

B.

The provisions of this section apply to all development subject to this Code, except as noted below, whether or not there is an active permit for the project.

Single-family or two-family residential lots approved and platted prior to February 13, 2007, are exempt from the requirement of a tree removal permit. However, single-family and two-family lots platted after February 13, 2007 are subject to the heritage tree protection provisions in Section 8.02, which shall apply to the developer, home builder and homeowner. Not withstanding the preceding exemption, if a future change of use from a single-family or two-family home to any other use triggers a permit under this Code then the provisions of the Removal Permit will be required.

(Ord. No. 2021-62, § 2(Exh. A), 9-14-2021)

Editor's note— Ord. No. 2021-62, § 2(Exh. A), adopted September 14, 2021, repealed the former Section 3.23.030 in its entirety, which pertained to the pre-application conference, and derived from original codification.

Review of a Tree Removal Permit shall follow the administrative review procedures set forth in Section 3.03.040, subject to the criteria for approval set forth below.

(Ord. No. 2021-62, § 2(Exh. A), 9-14-2021)

No Tree Removal Permit shall be approved unless it is determined by the Urban Forester or their designee, that the proposed removal is justified, based on the tree species and site conditions of the tree. In making this determination the following will be evaluated:

A.

Tree species;

B.

Tree size/number of trunks;

C.

Tree health and viability;

D.

Tree location;

E.

Protected and heritage trees to remain on site; and

F.

Whether the project can be developed without tree removal.

(Ord. No. 2021-62, § 2(Exh. A), 9-14-2021)

A.

Statement of justification for tree removal.

B.

Copy of companion plat, Site Development Plan or concept plan for the permit or authorization that required compliance with this section.

C.

Copy of tree survey, if applicable. If no tree survey exists, location of tree identified, tree type, size, condition, etc.

D.

A photo of the tree's canopy and trunk, labeled with the corresponding tree number on the companion tree survey, shall be submitted with the application for a heritage tree removal permit.

(Ord. No. 2015-48, § 2(Exh. A), 9-22-2015)

A.

Final Action Authority shall be as noted in 2.01.020 of this Code.

B.

Upon receipt of the application, the Landscape Planner shall inspect the subject tree and approve or deny the application in accordance with the provisions of this section within ten working days of the date of the application. Upon written request from the owner or the owner(s)'s representative, said date for the Landscape Planner final decision may be extended for a period of up to 15 additional days.

C.

An applicant may appeal a denial of a Tree Removal Permit to the City Council. Such appeal must be made in writing and received by the Director within 30 days of the date of the decision on the application by the Urban Forester. The Director shall set the matter for Public Hearing before the City Council at the earliest possible regularly scheduled meeting of the City Council. The City Council shall review the request and render a decision affirming, affirming in part, conditionally affirming or reversing the determination of the Urban Forester. If a Tree Removal Permit is issued after appeal, pursuant to the provisions of this Code, the applicant must comply with all applicable provisions of this Code, including mitigation.

D.

The applicant shall, prior to approval of the application, submit a mitigation or payment of fees-in-lieu calculation and a mitigation plan, pursuant to Section 8.05 showing the proposed species, location and irrigation plan for the proposed mitigation trees.

E.

The Director is authorized to identify and require such documents as are necessary to process this request. Said requirements and/or documents shall be published in the City's Development Manual.

(Ord. No. 2021-62, § 2(Exh. A), 9-14-2021; Ord. No. 2023-44, § 4(Exh. B), 8-22-2023)

A Tree Removal Permit shall remain valid for the longer of:

A.

The period of validity of the permit or authorization that required compliance with this section; or

B.

One hundred eighty days from the issuance of the tree removal permit.

(Ord. No. 2021-62, § 2(Exh. A), 9-14-2021)

The purpose of a Heritage Tree Pruning Permit is to determine whether such a tree should be pruned and how the pruning shall be performed. Heritage trees shall not be pruned without first securing approval from the City.

A.

The provisions of this section shall apply to all property located within the corporate limits and in the extra territorial jurisdiction (ETJ) of the City.

B.

A Heritage Tree Pruning Permit shall be required for any pruning of a heritage tree located on all properties, including single-family and two-family lots platted after February 13, 2007; however, a tree pruning permit shall only be required during the original home construction. Not-withstanding the preceding exemption, if a future change of use from a single-family or two-family home to any other use triggers a permit under this Code then the provisions of the Heritage Pruning Permit will be required.

(Ord. No. 2023-44, § 4(Exh. B), 8-22-2023)

Review of a Heritage Tree Pruning Permit shall follow the administrative review procedures set forth in Section 3.03.040, subject to the criteria for approval set forth below.

No Heritage Tree Pruning Permit will be approved unless it is determined by the Urban Forester or their designee, that the proposed pruning is justified based on the health or viability of the tree and that the proposed pruning will not negatively impact the health and appearance of the tree. In making this determination the following will be evaluated:

A.

Reason for pruning request;

B.

Tree location;

C.

Percent of canopy to be removed;

D.

Tree health; and

E.

Whether an ISA Certified Arborist is going to perform the pruning.

A.

Statement of justification for tree pruning.

B.

Copy of companion plat, Site Development Plan or concept plan for the permit or authorization that required compliance with this section.

C.

A photo (digital or hardcopy) of the tree, labeled with the tree number on the tree survey, DBH, species, and contractor's ISA certification number, shall be submitted with the application for a Heritage Tree Pruning Permit.

(Ord. No. 2015-48, § 2(Exh. A), 9-22-2015)

A.

Final Action Authority shall be as noted in Section 2.01.020 of this Code.

B.

[Reserved.]

C.

An applicant may appeal the denial of a Heritage Tree Pruning Permit to the Director. Such appeal must be made in writing and received by the Director within 30 days of the date of the decision on the application by the Urban Forester. The request for appeal shall set forth the specific reasons for the appeal and state the specific reasons for disagreement with the decision of the Urban Forester, including the basis for the applicant's position that the application should have been granted. Appeals shall be processed in accordance with Section 2.01.020 and 3.14 of this Code.

(Ord. No. 2023-44, § 4(Exh. B), 8-22-2023)

The Heritage Tree Pruning Permit shall remain valid for 180 days from date of issuance.

A.

For the purpose of establishing and maintaining sound, stable, and desirable development consistent with the goals and policies of the Comprehensive Plan, the City may consider annexations of territory to the corporate limits or extraterritorial jurisdiction (ETJ). The provisions of the Section are adopted pursuant to Texas Local Government Code ch. 43 and the City Charter.

B.

Annexation and disannexation of territory may be requested by landowners or their representatives through this process for real property within the City's corporate limits and the ETJ.

(Ord. No. 2015-48, § 2(Exh. A), 9-22-2015; Ord. No. 2023-44, § 4(Exh. B), 8-22-2023)

A.

Initiation.

Initiation of an annexation or disannexation of territory may be made upon application of a property owner or their authorized agent. Another governmental authority may also request modification of ETJ or corporate limit boundaries through this process, or through the cooperative effort of the Georgetown City Council to initiate such proceedings.

B.

Application and Completeness Determination.

The Director is responsible for checking that a complete application has been submitted with all material necessary for the City Council to render an informed decision.

C.

Staff Review.

1.

The Director shall review the application, considering any applicable criteria for approval and prepare a report to the City Council.

2.

The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statutes.

3.

The Director may assign staff to review the application and make a report to the Director.

4.

The Director's report may include a recommendation for final action.

D.

Written Agreement Regarding Services.

If required pursuant to Section 43.0672 of the Texas Local Government Code, the City Council shall approve a written agreement regarding services with the property owner prior to initiation of annexation.

City Council Public Hearings.

City Council shall hold public hearings as required by applicable sections of Texas Local Government Code Chapter 43.

E.

City Council Final Action.

1.

The City Council shall take final action on the proposed annexation or disannexation.

2.

The annexation or disannexation shall become effective when approved by the City Council and in accordance with the City Charter.

(Ord. No. 2015-48, § 2(Exh. A), 9-22-2015; Ord. No. 2023-44, § 4(Exh. B), 8-22-2023)

The City Council shall consider the following approval criteria in an analysis of immediate needs and consideration of the long-terms effects.

A.

The application is complete and the information contained within the application is sufficient and correct enough to allow adequate review and final action; and

B.

The annexation promotes the health, safety or general welfare of the City and the safe, orderly, and healthful development of the City.

C.

Consistency with the City's adopted long range plans and annexation policies.

(Ord. No. 2015-48, § 2(Exh. A), 9-22-2015)

The review process in this section establishes the process and procedures for requesting a Municipal Utility District ("MUD"), Water Control and Improvement District ("WCID"), Fresh Water Supply District ("FWSD"), or similar political subdivision ("District") in accordance with Section 13.10.010 of this Code.

(Ord. No. 2019-01, § 2(Exh. A), 1-8-2019)

A.

Initiation.

Initiation of a request for the creation of a District may be made upon application of a property owner or their authorized agent.

B.

Application for Completeness Determination.

The applicant shall provide a complete application with the material and supporting information outlined in the Development Manual. The Planning Director, or designee, is responsible for checking that a complete application has been submitted with all material necessary for the City Council to render an informed decision.

C.

Staff Review.

1.

Upon receipt of a complete application, the cross-departmental "Special Purpose District Petition Review Team" shall analyze the proposed development and its potential impact on facilities and services. The Special Purpose District Petition Review Team shall be comprised, at a minimum, of members of the Planning, Utility, Finance, Parks and Recreation and Public Safety departments, and the City Attorney's Office.

2.

The Special Purpose District Petition Review Team shall review the application, consider the approval criteria, and assign a Case Manager to lead the review and prepare a report to the Planning and Zoning Commission and/or appropriate board or commission, and City Council.

3.

Review of a request for a District within the city limits shall be reviewed in conjunction with a zoning request for a Planned Unit Development District demonstrating enhanced development standards, and consistent with applicable City codes and policies adopted by the City Council.

4.

Review of a request for a District within the within the extraterritorial jurisdiction (ETJ) shall be reviewed in conjunction with terms for enhanced development standards and consistency with applicable City policies adopted by the City Council.

D.

Board or Commission Review.

The Planning and Zoning Commission or other appropriate board or commission, shall hold a Public Hearing and make a recommendation to the City Council.

E.

City Council Final Action.

1.

The City Council shall hold a Public Hearing and render a final decision on the request for a District.

2.

All outstanding application, staff, and legal fees shall be paid in full to the City prior to the approval of a District.

(Ord. No. 2019-01, § 2(Exh. A), 1-8-2019)

The City Council shall consider the following approval criteria when reviewing a request for the creation of a District:

A.

The request is consistent with Section 13.10.010, Municipal Utility District (MUD), Water Control and Improvement District (WCID) or Fresh Water Supply District (FWSD), of this Code;

B.

The request is consistent with all applicable City policies as adopted by the City Council; and

C.

The request supports the following objectives:

1.

Quality Development. The development meets or exceeds the intent of the development and design standards of City codes;

2.

Extraordinary Benefits. The development provides extraordinary public benefits that advance the vision and goals of the Comprehensive Plan, such as, but not limited to, extension, financial contribution, or enhancement of master planned infrastructure, diversity of housing, and enhanced parks and open space that are available to the public;

3.

Enhance Public Service and Safety. The development enhances public services and optimizes service delivery through its design, dedication of sites, connectivity, and other features;

4.

City Exclusive Provider. The development further promotes the City as the exclusive provider of water, wastewater, solid waste, and electric utilities;

5.

Fiscally Responsible. The development is financially feasible and doesn't impair the City's ability to provide municipal services;

6.

Finance Plan. The developer(s) contribute financially to cover a portion of infrastructure expenses without reimbursement by the Districts or the City; and

7.

Annexation. When applicable, the development will not impair the City's future annexation of the Districts or adjacent property, or impose costs not mutually agreed upon.

(Ord. No. 2019-01, § 2(Exh. A), 1-8-2019)

A request for waiver from the requirements of the Courthouse View Protection Overlay standards of this Code, as provided for within this Code, may be considered when a request does not meet the criteria for a Courthouse View Exception.

(Ord. No. 2022-89, § 2(Exh. A), 11-22-2022)

Initiation of the Courthouse Waiver request may be made upon submittal of a complete application by a property owner or their designated agent.

(Ord. No. 2022-89, § 2(Exh. A), 11-22-2022)

The applicant shall submit all of the information required in the UDC Development Manual. The Director is responsible for determining the completeness of an application submitted, pursuant to Section 3.02.040.

(Ord. No. 2022-89, § 2(Exh. A), 11-22-2022)

A.

The Director shall review the application, considering applicable criteria for approval, and prepare a report to the City Council.

B.

The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statute.

C.

The Director's report may include a recommendation for final action.

(Ord. No. 2022-89, § 2(Exh. A), 11-22-2022)

Following notice in accordance with Section 3.03, the City Council shall hold a public hearing in accordance with its rules and state law and consider the Courthouse View Waiver, Director's report, compliance with this Code, and take final action.

A.

Approval of a Courthouse View Waiver for property located within the Downtown Overlay District shall require a simple majority vote plus one additional vote of approval of the members present.

B.

Approval of a Courthouse View Waiver for all other property located outside of the Downtown Overlay District shall require a simple majority vote of the members present.

(Ord. No. 2022-89, § 2(Exh. A), 11-22-2022)

A Courthouse View Waiver may be approved, conditionally approved. or disapproved. The following factors are required for approval:

A.

The existence of specific site opportunities or constraints.

B.

The proposed waiver furthers goals of the comprehensive plan, and any applicable small area plans, specific to the location of the property and furthers a specific implementation step(s) of the comprehensive plan.

C.

The waiver is not contrary to the public interest.

D.

The request for a waiver creates a building height that is in scale with conforming uses of nearby property and with the character of the neighborhood. When properties are located in a Historic Overlay District the development has undergone a conceptual review by the Historic and Architectural Review Committee (HARC) with general support for the building massing and form.

(Ord. No. 2022-89, § 2(Exh. A), 11-22-2022)